The Labour Court overturned a €15,000 award to Marta Dabkowska after upholding Gilesview Limited’s appeal against a finding of pregnancy discrimination. In a determination signed on 21 May 2012, the Court found her dismissal was due to genuine redundancy and was not connected with her pregnancy.
Dabkowska worked at the company’s bakery, deli and coffee shop in Dunboyne, Co Meath. She told Gilesview she was pregnant in October 2009 and was dismissed the following month. The Equality Officer had found that the dismissal was discriminatory and awarded her €15,000. Gilesview appealed, saying a downturn in business had led it to reduce staff.
The Court noted that sales fell sharply from early November 2009, around the opening of the M3 motorway, and that Gilesview had consistently attributed the dismissal to the effect on its business. It also considered a reference issued before the company knew of the claim, which cited an unforeseen decline in business, and noted that Dabkowska’s role was not replaced. The Court found the financial difficulties justified reducing staff and that her dismissal was unrelated to pregnancy.