Woman awarded €113k payout after boss sacks her for morning sickness using a jazz hands emoji

Her boss used the emoji in a message that appeared to fire her.

Paula Miluska worked for the Roman Property Group as a consultant since March 2022, and began working from home in November due to morning sickness she was experiencing during her pregnancy.

Her line manager, Ammar Kabir, sent a “deliberately vague" message that effectively brought an end to her time with the company.

The message ended with: “I hope to see you soon we've got a lot of catching up to do outside of work [jazz hands emoji]."

The emoji in question features a smiling face with two hands open in front of it, resembling jazz hands.

Following her sacking, Ms Miluska took the business to an employment tribunal and will now receive compensation of £93,616.74 (€113,108.38) after the judge ruled that she had been unfairly fired.

What happened?

The tribunal heard of how Ms Miluska had messaged Mr Kabir in November about her symptoms and how she was feeling "really faint" and was "shaking."

She added the following day: "The midwife was saying that at the moment if I can work from home it'll be best as these next two weeks are usually the peak of pregnancy nausea due to hormones.”

Mr Kabir asked how she was feeling on November 26th to which she replied that she felt "horrendous."

Mr Kabir then asked if she was able to come into the office the following week “and finish like 4 so it's not too much."

Ms Miluska replied: “Oh gosh I was about to message you about taking the week off.

“I was sick 6 times today and if it doesn't ease up within the next few days I'm going to have to be admitted to hospital…

“I don't think I'll even be able to work from home never mind the office.”

On December 1st Mr Kabir finally responded to her message saying: “Hey hope ur OK u probably guessed by now will need to try and find someone to be in the office as we're falling behind on work I just want to say I hope you don't take it personally or see us as bad but we are really struggling.

“Aside from this me personally I'm going to try and see what other opportunities are there I can get you through the door for just message me when you're feeling better.

“Romaan said he's going to clear the days you did so up until 21st that will be with you today. Hope to see you soon we've got a lot of catching up to do outside of work [jazz hands emoji].”

Ms Miluska said that the message was “very out of the blue” and she “expects” to be paid for “all the days I have worked from home including sick days with Commission included."