Aer Lingus cabin crew member who suffered miscarriage after flight takes unfair dismissal case 

Amy Donnelly claims that she was constructively dismissed by the airline after issues that arose from the miscarriage and a separate incident.

A cabin crew member who suffered a miscarriage following a transatlantic flight from Dublin to Toronto is pursuing a complaint for unfair dismissal against Aer Lingus.

Amy Donnelly claims that she was constructively dismissed by the airline after issues that arose from the miscarriage and a separate incident in which she alleged that her hearing had been damaged by a “screeching noise” from a plane door.

In addition to the claim for unfair dismissal, Ms Donnelly has also filed complaints against Aer Lingus to the Workplace Relations Commission (WRC) under the Protected Disclosures Act and the Health and Safety at Work Act.

She told an adjudication hearing this week that she suffered a miscarriage after disembarking a flight to Toronto in September 2023. She informed a company representative upon her return to Dublin, who was “very genuine” and offered support.

Pic: Former Aer Lingus cabin crew member Amy Donnelly.

Ms Donnelly told them that she did not want to work on transatlantic flights because she “didn’t feel comfortable” with the prospect and was scared to be on her own again following the miscarriage.

She was absent on sick leave for a week and, upon her return, she received a phone call saying that she had 90 minutes to report for a flight to Newark, New Jersey.

Ms Donnelly said she was upset and “panicked”, but was told that if she didn’t report for duty, she would be marked “FTJ” (failure to join), which she claimed was a sackable offence. This was disputed by a legal representative for Aer Lingus.

'Screeching noise'

In her complaint, Ms Donnelly claimed that she encountered significant difficulties with rostering arrangements in the following months as she sought to avoid transatlantic flights, which she described as “exhausting”.

On May 31, 2024, she was stationed beside a rear door on an aircraft that was making a “screeching noise” for four back-to-back flights, according to her testimony. She reported this to her superior and was advised that the captain had been informed.

“It was extremely loud,” she told the WRC. “My ears became sore throughout the end of the duties, my hearing was muffled, and I could just hear the ringing constantly in my ears. It was painful.” 

Ms Donnelly subsequently suffered bleeding from her nose and ears, and went straight to her GP after finishing work. She was given a sick cert covering the period up to June 10.

A few days later, she sent an email to the company, noting that she was being rostered for an average of one transatlantic flight per week, and sought help with avoiding these as much as possible.

She claims that there was no improvement in her roster, however, and it actually became worse. Her sick leave was extended as she was still experiencing pain in her ears, and this was affecting her balance.

'The last straw'

She told the WRC that she encountered issues with payment during her certified leave and, following her return to work in July, was advised that she had no annual leave left, which led to a panic attack.

“I just felt like, between the miscarriage, my rostering, the sick pay deductions, my injury at work with the ear, and… now my leave, it was just the last straw,” said Ms Donnelly.

“I had felt so disheartened and just overwhelmed with everything. I felt like the company had let me down…” 

She provided a letter from her doctor to Aer Lingus on July 26, stating that she had been experiencing significant stress and anxiety, and required additional support from her employer to protect her mental health.

She underwent a medical assessment and it was recommended that she be accommodated with early, short, single European flights, and work no more than five consecutive days with two rest days in between, avoiding work on weekends.

After eight weeks of this “managed roster”, Ms Donnelly was expected to be fit to resume normal duties, according to the assessment.

'Panic attacks and breakdowns'

She claims that this was not accommodated, however, and she continued to be rostered for transatlantic flights. She continued to experience “panic attacks and breakdowns” and went on certified sick leave again.

On November 5, Ms Donnelly made the decision to resign from her job. She said the company’s failure to support her had taken its toll, and she had “no faith or hope” that it would help her.

“They weren’t going to listen to the doctors, they weren’t going to listen to me. They didn’t want to help me,” she told the WRC. “I was completely crushed. This was my dream job.” 

Elaine Mettler, representing Aer Lingus, argued that there was no medical basis for Ms Donnelly’s request to avoid transatlantic flights, and this had merely been her preference.

She also noted that Ms Donnelly had only actually worked one transatlantic flight during the six months from October 2023 to February 2024.

Ms Mettler said the way Aer Lingus rosters staff had been cited as a source of great personal distress, but she said the company was managing more than 2,000 cabin crew and up to 800 pilots. It was a highly regulated and complicated business, she added.

She insisted that there had been ample support available to Ms Donnelly in the challenges that she was having.

Ms Mettler disputed Ms Donnelly’s contention that Aer Lingus had not honoured the managed roster following her medical assessment. There was a difference between the roster actually worked and the one that is planned, she said.

Ms Donnelly may have been assigned transatlantic flights but this would have been manually changed in accordance with medical advice, she explained.

Asked by Ms Mettler why she had resigned instead of returning “to see how it went” with the managed roster, Ms Donnelly said it was “because of how the company had already been treating me, when the managed roster was in place”.

The hearing was adjourned and will continue in December.