Parties: Battsetseg Seddavaa, Beacon Sushi Limited
Representatives: Harriet Burgess BL instructed by Tracey Brady McGuigan Solicitors LLP
Full Decision
What Happened?
Battsetsef Seddavaa’s (the Complainant) employment began with Beacon Sushi Limited on March 16th, 2023, on a weekly salary of €576.92. In October 2024, the Complainant made the Respondent aware that she was pregnant. On the 7th of December that year, the Complainant explained to the Respondent via text that she would be unable to attend work that day having experienced symptoms of a miscarriage. The Managing Director of the Respondent, Mr. Michael Piare, announced the termination of the Complainants employment on the 13th of December after failing to notify him of her absence from work between the 11th and the 13th.
What Was the Dispute?
The Complainant filed a complaint to the Workplace Relations Commission against the Respondent, claiming that she was unfairly dismissed in correspondence to the Employment Equality Act 1998, the Parental Leave Act 1998 and the Unfair Dismissals Act 1977.
The Complainant said:
- She had informed the Respondent in October 2024 that she was pregnant.
- She messaged the Managing Director of the Respondent, Mr. Michael Piare on the 7th of December when she was suffering symptoms of a miscarriage that she would not be in work the following day.
- A colleague and friend of the Complainant told Mr. Piare on the 10th of December that she had suffered a miscarriage.
- The Complainant received a PDF document via text from Mr. Piare on the 13th following a missed call, stating the termination of her employment with a two week notice period which she was expected to work.
- When she returned to work on the 18th, she had to return to hospital following further pains.
- That the Respondent did not revoke the termination of her contract on the 27th, and on the following day received a message from Mr. Piare asking to return all property such as keys and uniform.
The Respondent claimed:
- The Complainant had a history of poor timekeeping and continuously showed up to work late and ill-prepared despite numerous verbal warnings.
- The Respondent received complaints from other employees regarding the Complainant relating to her ‘poor attitude’ and ‘tardiness’ when she became the only chef following the departure of two senior chefs in September 2024.
- They adjusted the Complainants duties to support her after they were notified of her pregnancy in October.
- The Complainant was in violation of her contract and company policy as she failed to directly inform Mr. Piare that she would not be attending work for three consecutive shifts from the 11th to the 13th of December following her miscarriage.
- The Respondent terminated the Complainants employment on the 13th in alignment with her contract and handbook. This termination was revoked on the 27th out of sympathy for the Complainant.
- Complainant returned without a medical certificate on the 18th, later provided a sick note from Rotunda Hospital covering period of absence.
- Complainant announced that evening her resignation on the 31st via message.
What Did the WRC Decide?
The Workplace Relations Commission ruled that the dismissal of the Complainant was unfair.
- The termination letter did not layout any of the reasons for the Complainants dismissal.
- No effort to exercise fair procedures such as meetings or an appeal process by the Respondent.
- The Respondent was already made directly aware by the Complainant that she was unwell on the 7th of December and was informed of her further absence on the 10th of December by a colleague.
- Considering the context, the adjudicating officer stated that it would be unreasonable to place significant weight behind the Respondents position that they did not receive notice of the Complainants absences on the 11th, 12th and 13th of December.
- Taking into account that the Complainants efforts to mitigate their losses, the adjudicating officer awarded the Complainant an award of €8,000.
Key Takeaways
1. Ensure you have up to date maternity leave policy.
Employers should review their company policy to confirm they follow current legislation.
Establish clearly your policy for maternity/additional leave and other related entitlements.
2. Ensure you have fair and transparent disciplinary procedures and ensure they’re Communicated clearly to employees.
Layout distinctly each stage of your company’s disciplinary process.
Ensure company policies are implemented with consistency, reason and fairness.
Employees should have the right to representation and an appeal process.
Procedures should be emphasised in handbooks, contracts and onboarding.
3. Ensure managers are trained on their obligations under the disciplinary procedures.
Deliver guidance on handling sensitive issues such as pregnancy and miscarriages.
Provide training on fair procedures and natural justice principles.
Consider reason and proportionality before carrying out a dismissal.
