In the recent decision of the WRC, the complainant was awarded €10,000 after being made redundant by her employer after 6 weeks of employment. The complainant commenced employment with the respondent company on 3rd July 2017. She informed her employer of her pregnancy and within a few weeks she was called to a meeting with the HR Manager where she was informed that her role was redundant and she was being let go on that day.
Section 6 of the Unfair Dismissals Act provides that dismissal of an employee for reasons related to pregnancy or matters related to pregnancy “shall be deemed” to be unfair unless there were other substantial reasons warranting the dismissal. In her decision, Adjudicator Catherine Byrne, was satisfied that having regard to the circumstances surrounding the redundancy that “the most exceptional circumstances” as intended by the Directive did not apply to the redundancy of the complainant. The company also failed to follow its own procedures regarding the redundancy process. The complainant was awarded €10,000 compensation, being the amount she earned if she has remained in employment up to the commencement of her maternity leave in January.
4th July 2018
Anne O’Connell
Solicitors
1-3 Burton Hall Road
Sandyford
Dublin 18
www.aocsolicitors.ie
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