€10k for woman fired after miscarriage news

Hotel ordered to pay compo for violation of Equality Act

A HOTEL has been ordered to pay €10,000 to a woman who was fired one day after she told her boss she had suffered a miscarriage.

Workplace Relations Commission adjudication officer Shay Henry found the duty manager was discriminated against on the gender ground under the Employment Equality Acts.

He has ordered the hotel to pay the woman the €10,000 compensation.

She was sacked by her boss on November 12, 2018 – one day after she told him she had suffered a miscarriage and this explained the behaviour over which he had been concerned. The hotel manager was worried that she may have been intoxicated at work.

In his findings, Mr Henry stated the hotel manager did not adequately investigate the defence put forward by the woman that she had suffered a miscarriage and, instead, chose to disbelieve the claim based on previous experience.

Mr Henry stated: “A properly conducted investigation may have resulted in a timely medical opinion, which, if corroborating the claim of a miscarriage, would most likely have resulted in her not losing her job.

“In my view, the failure to adequately investigate the medical issues raised is sufficient prima facie evidence of discrimination on the grounds of gender.”

In his findings, Mr Henry stated the hotel manager in his evidence confirmed he had decided to dismiss the duty manager before he had met with her.

Mr Henry stated that neither did the hotel manager give her details of the allegations in advance of the hearing, or afford the complainant an opportunity to be represented at the hearing, and finally, he did not adequately consider the explanation given.

He added in the circumstances where the hotel did not conduct the investigation and disciplinary process in a fair manner he found the hotel unable to show that dismissal was not discriminatory and therefore the complainant was discriminated against.