This follows the Labour Court overturning – on appeal by Virgin Media Ireland – a compensation award of €30,000 to Presentation and Scheduling Assistant, Sian Shepherd made by the Workplace Relations Commission (WRC) in April of this year.
At the WRC, Adjudicator, Davnet O’Driscoll found that Ms Shepherd was discriminated against by Virgin Media Ireland as a parent after concluding that the selection process for appointment of Planning or Scheduling Team Lead was tainted with discrimination.
Ms Shepherd had availed of maternity leave between August 2021 and August 2022 and in early October 2022, Virgin Media Ireland advertised internally for the position of Scheduling Team Lead and Ms Shepherd and four colleagues applied for the position.
Ms Shepherd was unsuccessful following being placed joint third in the selection process.
In the Labour Court ruling, deputy chairman, Alan Haugh found that Ms Shepherd has not established any facts from which it would be possible for the court to infer that she may have been treated less favourably by Virgin Media Ireland on grounds of her family status.
After a hearing in the appeal case earlier this month, Mr Haugh stated by Ms Shepherd’s own admission, the candidates that were placed ahead of her in the promotional competition are both parents of young children.
He said: “It follows that their family status is the same as hers. In those circumstances, and in the absence of the complainant establishing any other relevant facts to ground her complaint, it is not open to the court to find that the complainant has made out a prima facie case of discrimination on the family status ground.”
In a submission Ms Shepherd stated that she has worked for Virgin Media Ireland for a total of 15 years – eight years consecutively.
She said that she was passed over on a promotion “which I was led to believe I was the natural successor for”.
She said: “Prior to maternity leave I was the most senior member of the team, with the most experience and trained every other member, including the successful candidate.
Ms Shepherd said that on her return to work, she was excluded from an important planning meeting dealing with the death of Queen Elizabeth II.
At the WRC, Virgin Media Ireland contended that Ms Shepherd’s complaint of discrimination due to family status “is groundless and misconceived”.
The TV firm argued that the decision to appoint another member of staff to Team Lead “followed a robust, fair and transparent recruitment process which considered five internal candidates including the Complainant”.
The company told the WRC that the Planning Lead “is required to unite two teams with low morale and support new team members”.
It stated that Ms Shepherd “presented some good ideas regarding content of the role. However, the successful candidate displayed greater understanding of business needs, strategic knowledge, other recommendations, and a structure to unite both teams”.