WRC Orders €25,000 Payout Over Miscarriage Dismissal

In a landmark ruling that significantly broadens statutory protections for expectant workers, the Workplace Relations Commission has ordered a Galway hospitality operator to pay €25,000 in compensation to a former general manager dismissed just 11 days after suffering a miscarriage. The adjudication against Fadeside Limited, a subsidiary of the Connacht Hospitality Group, marks a critical legal milestone in Irish employment law. For the first time, an adjudicator has set aside the standard service requirements under the Unfair Dismissals Act 1977 to protect a worker whose dismissal was directly linked to the aftermath of a pregnancy loss.

Sudden Termination Following Hospital Admission

The complainant had been employed for just under 11 months on an annual salary of €60,000, overseeing operations at the Residence Hotel and the 1520 Bar in Galway City. The tribunal heard that on 28 September 2023, she was admitted to an emergency department where she discovered both that she had been pregnant and was actively experiencing a miscarriage. Following a brief period of absence to recover from the physical and emotional trauma, she returned to work during the first week of October 2023. During her initial sick leave, a phone interaction occurred with the group human resources manager, who was alleged to have stated that the loss would make the complainant want a child even more—an allegation firmly denied by the manager in evidence.

Upon returning to active duty, the manager was summoned to a formal meeting with her direct line manager where she was informed that she did not possess the core competencies required for the role. The worker became visibly distressed during the encounter and was asked if she wished to submit her resignation instead of continuing. She was told that her contractual probation period would not be extended, and she received an official letter of dismissal the following day citing inadequate work performance. In total, the termination was executed just five days after her return to the workplace and 11 days after her medical discharge.

Challenging the 12-Month Service Threshold

Under ordinary provisions of the Unfair Dismissals Act 1977, an employee must accumulate at least 52 weeks of continuous service with an employer before gaining the right to bring a claim. Fadeside Limited, represented by Pat Mullins of O'Flynn Exhams LLP, mounted a preliminary challenge in March 2025 seeking to strike out the complaint on these grounds. The respondent argued that the enhanced protections afforded by the Maternity Protection Act 1994 could not be applied to an employee who was no longer pregnant at the exact date of termination, describing the complainant's legal interpretation as a substantial stretch of legislative intent.

Counsel for the complainant, Ian FitzHarris BL, countered that the protective provisions contained in Irish maternity legislation expressly encompass pregnancy-related matters and medical outcomes. The legal team argued that removing statutory safeguards immediately following a miscarriage would create an unjust loophole, enabling employers to target workers during acute physical vulnerability. Counsel stressed that European directives and Irish equality principles intend to shield women from adverse workplace actions directly stemming from pregnancy, regardless of the duration of the gestation or the worker's length of tenure.

Adjudication Ruling and Landmark Precedent

WRC Adjudication Officer Louise Boyle rejected the employer's preliminary objections and found squarely in favour of the complainant. In her written determination, the adjudicator observed that it is beyond dispute that a miscarriage arises directly from pregnancy, meaning the associated statutory protections must remain operative. The adjudication officer concluded that the hospitality firm failed to provide credible evidence demonstrating that the complainant was dismissed purely due to chronic underperformance, especially given the sudden timing of the intervention.

The adjudicator highlighted that employers seeking to dismiss a worker protected under maternity legislation must establish exceptional circumstances entirely unrelated to the pregnancy. Finding that Fadeside Limited had not cleared this high evidential hurdle, the WRC ruled the dismissal unfair and ordered the respondent to pay €25,000 in redress to the former general manager. The ruling sends an unmistakable signal to employers across Ireland that pregnancy-related statutory shields apply robustly to pregnancy loss, preventing companies from relying on the traditional one-year service rule during probationary periods.