The former marketing manager for an Irish hotel group has been awarded over €315,000 by the Equality Tribunal for discrimination and victimisation while she was pregnant.
Julie O’Brien claimed she had been discriminated against on grounds of gender and family status by Persian Properties, trading as O’Callaghan Hotels. The group owns the Alexander, Davenport and Mont Clare Hotels in Dublin and also has properties in Gibraltar and Annapolis.
Equality officer Orlaith Mannion found Ms O’Brien had been subjected to “grave harassment” by her managers and that the company unilaterally terminated her contract of employment while she was pregnant.
Ms O’Brien, who had worked in a high-profile role with the company since May 2003, first became pregnant in 2004. Her first son was born just hours after she finished work on January 14th, 2005.
Ms O’Brien submitted that she had been put under pressure not to take her full maternity leave on that occasion, and again following the birth of her second son in 2008.
She described as “volcanic” the reaction of the managing director when she sought to return to work on a four-day week. Before her return from her second maternity leave, she maintained she had asked directly whether her employment would continue with the company if she had a third child.
Her managing director had responded by saying he would prefer for her not to be on the staff of O'Callaghan hotels if she had a third child, she submitted.
During her third pregnancy, in July 2009, Ms O’Brien was put under pressure to take voluntary redundancy, which she did not wish to take.
She submitted that her line manager had said: “Sure isn't it better than being given a month's notice and told to leave.”
The same manager had also referred to how “well-connected” the managing director was. She had found this “very threatening” as she interpreted it to refer to the managing director’s political connections. She had regularly observed him having lunch with the then Taoiseach.
Ms O’Brien also described her line manager banging a table and putting pressure on her to sign a ‘draft agreement’ that indicated she would finish up with the company in November 2009.
She had refused to sign the letter and said she had been “distraught” and had 11 meetings about the issue between July 3rd and July 15th. Ms O’Brien said she had felt under “intolerable pressure” and that she had told her manager it felt like “Chinese torture”.
She told him she had not been sleeping and that she felt physically ill. She became very distressed at the meeting and she submitted that her manager felt uncomfortable.
The tribunal heard the company also blocked access to her work mobile phone and revoked a fuel card she used to pay for petrol.
Ms O’Brien went into premature labour on September 2nd, 2009 and her baby daughter was stillborn. She subsequently suffered an "acute grief reaction".
She submitted to the tribunal that this was compounded by the work-related stress she endured in the months prior and following this. She was referred to a psychiatrist and, on the psychiatrist’s advice, she had not been able to return to gainful employment.
The equality officer said the facts simply did “not support” the company’s claim that Ms O’Brien had resigned. It also accepted her contention that her manager was referring to the managing director’s political connections, rather than its claim that he was referring to "interior designers" during the conversation. This was intended as a threat.
The tribunal found the “belligerent” response to her request to work a four-day week and the managing director’s comments about her remaining employed by O'Callaghan Hotels if she had a third child constituted harassment
The events leading to Ms O’Brien taking leave on work-related stress constituted “grave harassment”.
“The harassment she endured after she announced she was pregnant for the third time was significantly worse than what happened during her previous two full-term pregnancies,” Ms Mannion found. “This links the harassment to the family status ground, i.e. as a mother to two children already.”
She found the company had unilaterally terminated Ms O’Brien’s contract while she was on maternity leave and that this was discriminatory on the ground of gender.
Ms Mannion also rejected the company’s contention that the maximum award Ms O’Brien was entitled to was €12,697.38.
In calculating redress, she noted Ms O'Brien had “excelled in her role” as sales and marketing director with O'Callaghan hotels for six years, which she combined with having a family.
The tribunal awarded Ms O’Brien €220,500 - the equivalent of 21 months salary - in compensation for the harassment and discriminatory dismissal. She was also awarded €94,500 - the equivalent of nine months salary - in compensation for the distress caused by victimisation.
The company was also ordered to pay interest on half the amounts of the awards.