€25,000 Award for Unfair Dismissal Connected to Employee’s Miscarriage

The WRC recently found that an Employee dismissed shortly after returning to work following a miscarriage had been unfairly dismissed. The Respondent claimed the dismissal was due to poor performance during the Complainant’s probation period but failed to provide sufficient documented evidence to support this position or demonstrate that fair procedures had been followed. The Adjudicator concluded that the dismissal was connected with the Complainant’s pregnancy and awarded the Employee €25,000 in compensation.

This decision highlights the importance of documenting performance concerns and following fair procedures, regardless of an Employee’s length of service or probationary status. Organisations should ensure that dismissal decisions are supported by clear evidence and that Employees are given a fair opportunity to respond to concerns.

Importantly, Organisations should also note that dismissals connected with pregnancy may constitute automatic unfair dismissal regardless of whether the Employee has 12 months’ continuous service.

To learn more about partnering with Adare Trusted People Partners’ Leading HR & Employment Law Experts, please contact Neil McCormack nmccormack@adarehrm.ie today.