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WRC rejects waitress’s unfair dismissal complaint

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found a waitress’s unfair dismissal complaint against restaurant owner Niall Jackson not well founded. Dakota McMenamin said her hours were cut and she was dismissed after telling Jackson she was pregnant; he said her hours had already been reduced because of performance concerns and poor business. The decision was dated 31 August 2023. The adjudicator said payslips showed McMenamin’s hours had been reduced before she disclosed her pregnancy and was not convinced the dismissal was related to it. The decision also noted that she had worked for less than a year, while the Unfair Dismissals Act requires one year’s continuous service.

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