The Complainant worked an average of 20 hours per week for the Respondent at a rate of €10 per hour. She took one day's sick leave on the 30th of June 2017. She had been about seven weeks pregnant when she decided to advise her manager, Mr A, of her pregnancy.

The Complainant was not sent her roster following her taking the single day’s sick leave. She struggled to contact her manager on the phone. He eventually texted the Complainant, inviting her to attend a meeting where her attendance record was discussed. After the meeting the Complainant did not receive the roster the following week. She had now gone two weeks without any work hours. She decided to phone her manager who then informed her that she had to be let go as the business was not doing well despite the fact that new staff had been hired.

Subsequent to her dismissal, the owner of the restaurant telephoned the Complainant emphasising that he didn't know that she was pregnant. The Respondent submitted that they were unaware of the Complainant’s pregnancy and so this was not the reason for her dismissal.  The Respondent alleged that there was history of difficulties with the Complainant.

She was sent home on a number of occasions for not being in a fit condition to work. The Respondent claimed that the decision to dismiss the Complainant was made on the basis that she was unreliable. They did not adhere to the appropriate disciplinary process as the Respondent “had a business to run”.

The Adjudicating Officer identified that the burden of proof lies with the employer to prove on the balance of probabilities that the dismissal was unrelated to her pregnancy. The Complainant was not advised of the proposed dismissal before it took effect nor of the right to representation or of appeal. The court accepted that the dismissal occurred mainly because of her pregnancy and so granted the Complainant €1,250 in compensation.  
https://www.workplacerelations.ie/en/cases/2019/june/adj-00018062.html