The Labour Court upheld the decision against public health nurse Patricia Cullen Killoran’s discrimination and victimisation claims against the Health Service Executive North West. The determination was dated 30 April 2018.
Killoran said she was treated unfairly over a call about sick leave and a later meeting about her communication while absent. The HSE said managers were addressing her absence, her expected return and arranging nursing cover.
The Court found that stress arising from her mother’s illness did not amount to a disability under the Employment Equality Acts at the relevant time. It found no discriminatory aspects to the call and no link between the meeting and disability discrimination. It also found no facts supporting indirect discrimination because no relevant provision, criterion or practice had been identified.
On victimisation, the Court found that Killoran’s letter complained of bullying and harassment rather than discrimination, so it was not a protected act for the claim. The family-status complaints had been withdrawn before the original decision. The appeal failed, and the earlier decision was upheld.