Discrimination to cost HSE €25,000

THE HEALTH Service Executive (HSE) has been ordered to award €25,000 to a nursing home employee whom it discriminated against on gender grounds.

Abbie Fitzgerald was refused an extension of employment beyond retirement age of 65 even though it had been given to two male members of staff.

The Equality Tribunal yesterday released details of the case which it heard last month.

Ms Fitzgerald was employed as a multi-task attendant for over 25 years and was to retire in 2007.

The HSE denied that she was discriminated against and said that extensions were granted only in “exceptional circumstances” .

The tribunal heard that two male colleagues were given extensions which were not in exceptional circumstances and that the retirement policy was applied differently based on gender.

Another case of gender discrimination was upheld by the tribunal last month against a flower company which fired a pregnant employee. Justyne Flowers has been ordered to pay €10,000 to florist Inita Senhofa.

Ms Senhofa told her employer that she was pregnant in February 2007. She was refused a few days leave in March 2007 to attend court proceedings in Cyprus to finalise a divorce .

Her employer refused because it was a busy time of the year, near Mother’s Day. Ms Senhofa said she was taking leave anyway. When she phoned her employer from the airport for her roster she was told they had a business to run and there was no longer a job for her.

The tribunal found that her absence from work without permission did not justify dismissal, and that she had a serious and pressing reason for taking leave. It found that she was dismissed on gender grounds while pregnant and awarded compensation.