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The Workplace Relations Commission (WRC) has ordered the Defense Minister to pay € 117,814 in compensation to a former Air Corps captain.
WRC Adjudication Officer Stephen Bonnlander has made the maximum compensation possible after finding that Yvonne O’Rourke was the victim of gender discrimination stemming from “an unacceptable systematic failure” in the Defense Forces.
After a seven-year battle by Ms. O’Rourke, Mr. Bonnlander discovered that Ms. Rourke was discriminated against on the basis of gender in her efforts to secure promotion.
Based at Baldonnell Airfield, Ms. O’Rourke claimed that the Defense Forces discriminated against her because of her gender, treating two maternity leave from work as equivalent to the sick leave of a male officer and consequently , they gave it a low Performance Rating.
The poor qualification for 2010 and 2011 affected Ms. O’Rourke’s ability to attend a required training course required to advance to the rank of Commander.
When Ms. O’Rourke was approved by the Air Corps Commanding General Officer to attend the Junior Command and Staff Course (JCSC), her health had deteriorated to the point that she was unable to seize the opportunity and then retirement. from the Defense Forces due to ill health in July 2016.
In a strong judgment, Mr. Bonnlander stated that “it is not believed that women should have been serving in the Irish Defense Forces for decades, without the Forces’ systems and instructions being properly updated to ensure they reflect the law against discrimination as applied to pregnancy and maternity ”.
The hearing at the WRC for the case of Ms O’Rourke against the Minister of Defense lasted six days In the long-running action, Ms O’Rourke was represented by the Irish Human Rights and Equality Commission (IHREC) , who instructed a senior and junior attorney in the case.
Speaking today, Ms O’Rourke said: “I hope that what has been achieved in this outcome and determination will shed some light on the areas of darkness that needed to be revealed within the Irish Defense Forces.
IHREC Chief Commissioner Sinead Gibney claimed that the Defense Forces treated Yvonne O’Rourke as if she were a man who had been on sick leave for an extended period and not as a pregnant woman.
Ms. O’Rourke, who joined the Defense Forces in 1991 as a cadet, added: “This discriminatory perspective was made possible by the scant reference to discrimination in the Defense Forces manual and no reference to discrimination. related to pregnancy.
“Today’s ruling has unequivocally revealed the main failures of the systems in the treatment of the Defense Forces with their personnel who are pregnant or on maternity leave and has shown that discriminatory actions cannot be cured without first recognize them.
Ms. Gibney added: “The IHREC expects the Defense Forces to act now within the established timelines to ensure that the necessary information and training is implemented to ensure that women in the forces are not penalized or discriminated against for having children while they serve their country. ” Mr. Bonnlander stated that he was awarding the top prize as the discrimination encompassed two absences from Ms. O’Rourke’s maternity leave and due to its detrimental effect on her overall health.
Bonnlander also ordered the Defense Forces to pay interest on the award dating from May 2013 to compensate Ms. O’Rourke for the enormous delay in investigating and hearing this matter, as the Defense Forces did not withdraw your jurisdictional objections before. than final arguments at the hearing.
Mr. Bonnlander stated that the delays that occurred in Ms. O’Rourke’s retirement due to not being medically fit to continue in the service left her in a very precarious financial situation since at that time she had neither her salary nor her pension , and because his employment had not officially ended, there was no opportunity to look for another job.
Bonnlander said that Ms. O’Rourke was also the main source of income for her family.
Bonnlander also directed the Defense Forces to carry out measures to combat pregnancy-related discrimination and other forms of discrimination, with all such work due to be completed by December 2021.
In his findings, Bonnlander described how the relevant manual for Defense Forces personnel is “notable for two details: the provisions on sexual harassment are 1 ½ pages long, three times as long as it says on discrimination and pregnancy.” . -Related discrimination is not mentioned at all ”.
She stated: “It appears that, despite the fact that women have been serving in the Defense Forces since 1979, the possibility of sexual misconduct exercised the minds of higher-ups much more than the notion that women might be disadvantaged or discriminated against. due to pregnancy ”.
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