Pregnant worker was asked if she ‘ate too much fast food’ on day she lost job

A DEPARTMENT manager at a hotel asked a seven-months pregnant colleague did she eat too much Supermac’s or was she expecting.

The department manager is alleged to have asked the bar manager the question on the same day that the woman was dismissed from her post on September 5, 2017.

At the Workplace Relations Commission (WRC), adjudication officer Ewe Sobanska ordered the unnamed hotel to pay €14,000 for the woman’s dismissal after finding that the woman was discriminated against on gender grounds.

In her findings, Ms Sobanska found that the bar manager’s dismissal was tainted with discrimination and her pregnancy was a significant factor contributing to her dismissal.

Ms Sobanska said she found that no genuine redundancy situation existed at the time of the bar manager’s dismissal.

The unnamed bar manager told the WRC she found the department manager’s Supermac’s comment “inappropriate and offensive”.

Earlier that day, the woman had informed the hotel’s general manager (GM) she was pregnant and was due to have her baby at Christmas time.

Later on, the woman said she was called to the GM’s office where a HR and training executive was waiting with the GM.

At the meeting, the woman alleged that the HR executive told her that they couldn’t afford to keep her position any longer and that she was being made redundant.

The woman stated that she left work feeling embarrassed and humiliated having been dismissed from her job.

The woman stated that in her dismissal letter, the reason for the dismissal was redundancy but she argued that a genuine redundancy situation did not exist and the dismissal was simply a convenient means for dealing with her pregnancy.

The woman stated that the hotel’s actions caused her significant stress, upset and distress. She stated she had wanted and needed to work until commencing her mater- nity leave and then return to work after maternity leave.

The woman had only commenced work at the hotel on April 3, 2017.

In response, the hotel categorically denied that the bar manager was dismissed because she was pregnant.

In evidence, the woman confirmed that she informed her employer on July 20, 2017 that she had a miscarriage.

The woman confirmed she was not informed by a medical person of the miscarriage, but she thought she had suffered a miscarriage at the time.

The hotel emphasised the bar manager did not inform the hotel of her pregnancy on September 5, 2017, and the decision to make her redundant was made on August 28.

The hotel is part of a 10-strong hotel group and the GM told the WRC that it would be “ludicrous” for him to make an employee redundant after being informed of her pregnancy. He stated that currently there are seven female staff members pregnant who are able to negotiate the process.

The HR executive pointed out nobody in HR would have permitted the employer to proceed with the redundancy if they were aware that the bar manager was pregnant.

Ms Sobanska stated that did not proffer sufficient evidence to show that the dismissal was not related to the bar manager’s pregnancy and its consequences.

Ordering the hotel to pay the €14,000, Ms Sobanska stated “whilst such discrimination might well merit a higher award, I have given consideration to the relatively short tenure of the complainant’s employment”.

The WRC ordered the hotel to pay €14,000 after finding that the woman was discriminated against on gender grounds