Dental nurse sacked for getting pregnant ended up in homeless accommodation
Oliwia Pietruczuk was awarded €20,000 by the Workplace Relations Commission after her former employer was found to have victimised, harassed and discriminated against her after she became pregnant
A 21-year-old dental nurse who ended up in homeless accommodation after being sacked due to the fact that she was pregnant has been awarded compensation of €20,000.
Oliwia Pietruczuk had worked for Dental Care Brilliantsmile Limited in Dublin as a receptionist and dental nurse for three years when she became pregnant, informing her manager in April 2023.
Ms Pietruczuk told the Workplace Relations Commission (WRC) that her manager subsequently hired two replacement staff, and she was told that she could not work the same hours while she was pregnant.
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Her manager also asked her to take her maternity leave early. She refused but her hours were cut and given to one of the replacement workers, leaving her with just three hours a day.
Ms Pietruczuk said she ended up in homeless accommodation as a result of her financial predicament, and sought a letter from her manager to support an application for Housing Assistance Payment (HAP), but did not receive one.
She was told that she could work on the clinic’s Facebook page instead of her regular duties, but she was not told how much she would be paid. In July 2023, she was completely omitted from the roster, at which point she was four or five months’ pregnant.
Her former employer told the WRC that there had been no dismissal, and Ms Pietruczuk had refused to engage in a process of finding suitable work during her pregnancy. They denied that there had been any discrimination.
In her decision, WRC adjudication officer Caroline Reidy noted that the complainant was never given a contract of employment, contrary to labour law, and awarded her €2,500 in respect of this breach.
Ms Reidy said Ms Pietruczuk had suffered discrimination in the form of changes to her working hours, marginalisation, the failure to carry out a risk assessment, changes to her duties, and her eventual dismissal without explanation.
This discriminatory treatment was “wholly” due to the fact that she was pregnant, Ms Reidy said. She added that her employer had given the complainant’s hours to new staff members, as well as substantially changing her role.
“[They] treated her unlawfully by discriminating against her and by victimising her, and discriminating against her and harassing her when she was pregnant,” the adjudication officer said.
In addition to the €2,500 awarded for failing to provide Ms Pietruczuk with a contract of employment, Ms Reidy also ordered her former employer to pay €7,500 for distress experienced as a result of discrimination, and €10,000 for dismissing her due to her pregnancy, contrary to the Employment Equality Act 1998.
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