ADJ-00009053

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00009053

Parties:

Complaint(s):

Date of Adjudication Hearing: 17/10/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Note CA-00011915-001 was withdrawn at the hearing.

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Unfair Dismissal Act 1977-2015

Ca-00011915-002 

The claimant was employed by the respondent from the 15th November 2016 to the 1st February 2017. The claimant was given notice on the 27th January 2017. It was submitted by the claimant that she was called to a meeting with her direct line management where she was dismissed with one’s week notice. It was stated that she was to go home immediately and payment in lieu of a weeks notice was made the following week. The claimant submitted on her complaint form that she was dismissed for pregnancy or connected matters. The respondent for their part submitted confirmation that the claimant was called to a meeting on the 27th January 2017 where she was told that “things are not working out from the respondent's point of view. It was submitted that they were perfectly entitled to terminate the claimant’s employment for that reason and again it was within her probationary period.

It was submitted that during the meeting the claimant was asked by the respondent “have you anything to say?” to which she replied “No”. The respondent submitted that if she felt she was being terminated for reasons related to her pregnancy that she would have at that point have stated that to be the case. The respondent has other employees and in fact one is on maternity leave. They do not discriminate against pregnant employees in any circumstances.

The respondent further submitted that the claimant never informed them that she was pregnant at any stage of her employment with them

Findings 

Both parties made written and verbal submissions at the hearing. I find that based on the evidence at the hearing that the claimant did not formally notified the respondent that she was 6 months pregnant. I find that the respondent submitted that the clothing that the employee wore was loose. I find that the respondent in evidence submitted that they have other employees who are on maternity leave

I find that the claimant was employed for a period 10 weeks. I find the claimants submission that she was 7 months pregnant when she was allegedly dismissed. I find that in accordance with law the claimant should have informed the respondent of her appointments I find that the claimant must notify the respondent in writing of the date and time of her next appointment as soon as you can, but the notice should be at least two weeks before the appointment. I find that claimant failed to comply with the provisions of the act in not notifying the respondent. I find that the claimant employment was terminated in accordance with her contract of employment

Decision:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I find that based on the evidence as presented the complaint falls

Dated:   2^nd February 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: