This case was brought before the WRC by the Complainant who claimed that she had no choice but to terminate her contract of employment as a result of the Respondent’s conduct. The Complainant was employed as a Senior Accountant and de facto Office Manager with the Respondent company from 2006 – 2018. The Complainant informed the Respondent of her pregnancy in October 2017.

In February 2018, a series of telephone calls between the Complainant and the Respondent took place in which the Respondent barraged the Complainant resulting in her feeling very distressed and upset. Their relationship deteriorated further when a number of complaints had been made about the Complainant’s work and the Respondent announced that she was ‘nothing more than employee going forward’, demoting her from her de facto Office Manager position.

The Complainant left the office that afternoon and obtained a sick certificate from her doctor until her maternity leave commenced in April. The Respondent made no attempt to communicate with the Complainant after the birth of her baby. Soon afterwards, the Complainant learned that her position within the company was being advertised. These events ultimately led the Complainant to offer her resignation which was sent by e-mail in August 2018 to the Respondent.

The Respondent objected to the manner in which the Complainant pursued her complaints. They also denied allegations put forward by the Complainant in respect of the Respondent’s interactions with her and they maintained that the Complainant had spoken to the Respondent in a rude and aggressive manner when they were discussing arrangements for her maternity leave.

Nevertheless, the court found that the Respondent owed a duty of care towards a seven-month pregnant employee and their actions had caused the Complainant such distress which left her with no option but to terminate her contract. The Complainant was therefore awarded compensation amounting to €16,500.
https://www.workplacerelations.ie/en/cases/2019/april/adj-00017674.html