Case Summary: An Employee v A Restaurant (CA-00041705-002, ADJ-00031747)

This recent Workplace Relations Commission (WRC) case underscores Ireland’s commitment to protecting pregnant employees from discrimination. In this case, a waitress claimed she was unfairly dismissed due to her pregnancy, in violation of the Employment Equality Acts. The WRC awarded her compensation, reinforcing the strict prohibitions against discrimination based on pregnancy.

Background and Claims

The complainant, a waitress in a coffee shop, informed her employer about her pregnancy in March 2020. She noticed a change in her employer’s behavior, marked by less support and comments suggesting a power shift in their relationship. She asked for assistance with heavy tasks due to her pregnancy, but was left to complete cleaning duties alone.

Soon after, the COVID-19 pandemic forced the restaurant to close. When the complainant later requested her maternity benefit paperwork, she received an unexpected letter from the employer’s accountant, indicating her resignation. She contended that this letter was the first indication of her employment being terminated.

Key Legal Framework

Ireland’s Employment Equality Acts and the EU Pregnancy Directive protect employees from discrimination based on pregnancy. These laws mandate that pregnant employees must be treated no less favorably than their peers and prohibit dismissal based solely on pregnancy-related grounds.

WRC’s Decision

After reviewing the case, the WRC determined that the complainant had not resigned but was dismissed on the basis of her pregnancy. Notably, the restaurant did not offer her work when it reopened for takeaway service, despite other employees being recalled. The employer’s failure to rebut the claims led to the WRC’s conclusion that the dismissal was unjust, awarding the complainant €15,000—equivalent to nearly eight months’ salary.

Key Takeaways for Employers

• Support During Pregnancy: Employers should accommodate reasonable requests from pregnant employees, particularly regarding health and safety.
• Clear Communication on Resignations: To prevent misunderstandings, all resignations should ideally be confirmed in writing.
• Legal Compliance: Understanding and upholding employment protections helps prevent discriminatory actions, fostering a fair and supportive workplace.

This case serves as a reminder of the robust legal protections in place for pregnant employees in Ireland and the consequences of failing to uphold them.