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Deadline on discrimination for Defence Forces

The Irish Human Rights and Equality Commission (IHREC) has welcomed what it describes as a “significant” ruling by the Workplace Relations Commission (WRC), which saw a captain in the Air Corps awarded the maximum possible compensation for gender discrimination.

The ruling, published yesterday (22 December) also gave the Defence Forces deadlines to act against pregnancy-related and other discrimination.

The case followed a complaint of discrimination made by Yvonne O’Rourke, who works at Baldonnel Aerodrome, and was represented legally by IHREC in the case.

Maternity leave classified as sick-leave absences

The Defence Forces had classified Ms O’Rourke’s two maternity leave periods as being the equivalent of sick-leave absences of a male officer. This meant she was given a ‘poor performance’ rating for the years 2010 and 2011, which in turn affected her ability to secure the mandatory training necessary for promotion to the rank of commander.

The issue was raised internally, and with the Ombudsman of the Defence Forces, both of which did not uphold the complaint.

By the time Ms O’Rourke was approved for training, her health had deteriorated to the point that she was unable to take up the opportunity, and was later retired from the Defence Forces on the grounds of ill health.

Effective remedy

Initially, the Defence Forces had objected to Ms O’Rourke’s legal argument that, in order for her to have access to an effective remedy, the WRC should disapply the provisions of the Employment Equality Acts relating to members of the Defence Forces in favour of EU law. This objection, however, was withdrawn at the very end of the hearing.

“It seems that, even though women have been serving in the Defence Forces since 1979, the possibility of sexual misconduct exercised senior commanders’ minds much more than the notion that women could be disadvantaged or discriminated against because of pregnancy,” the WRC Adjudication Officer said, referring to the relevant handbook for Defence Forces staff.

Actions to be taken by Defence Forces

Alongside the maximum compensation of two years’ salary for the discrimination, plus interest awarded due to the delay in the case, IHREC says the WRC ruling sets out two actions to be taken by the Defence Forces:

1. A comprehensive review of training and information materials and local practices to ensure they are in line with anti-discrimination law, to be completed by the end of 2021,
2. The rolling out of a training course for all personnel with staff responsibilities on the updated anti-discrimination material, to be completed by the end of 2022.

Major systems failures

“I hope that what has been achieved in this outcome and determination will shine some light on the areas of darkness that needed to be revealed within the Irish Defence Forces,” Ms O’Rourke said.

IHREC’s Chief Commissioner Sinéad Gibney (pictured) said the ruling had spotlighted major systems failures in the Defence Forces’ dealings with its personnel who are pregnant or on maternity leave.

She added that IHREC now expected the organisation to take action on the issue within the timelines set out in the ruling.