Redundancy and Maternity Leave in Irish Employment Law-the essentials

An employee on maternity leave is on “protective leave” and cannot have her contract of employment terminated. This protection also applies to any purported redundancy. Section 23 of the Maternity Protection Act 1994 provides the protection: Voidance of certain purported terminations of employment, etc. 23.—Each of the following shall be void: (a) any purported termination … Read more

Parallel Proceedings-WRC Decides Both Maternity Protection Act and Employment Equality Act Claims Can Be Pursued

This case involved a woman who worked as a HR manager returning to work after her maternity leave and discovering she was not, according to her, returning to the same job she had left. She brought claims under the Maternity Protection Act 1994 and the Employment Equality Act 1998. Preliminary issue The employer’s legal team … Read more

Exceptions to the 12 Months’ Service Requirement in Unfair Dismissal Claims

If you are unfairly dismissed and wish to bring a claim under the Unfair Dismissals Act 1977 you will need to have been employed continuously for 12 months. If you do not have 12 months’ service you cannot bring a claim for unfair dismissal or constructive dismissal if you cannot clear this hurdle. That is … Read more