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Made redundant on maternity leave?

  • 01-02-2010 1:07pm
    #1
    Ecoenergy
    Registered Users, Registered Users 2 Posts: 162 ✭✭


    Hello,

    My wife was due to start back at work today after her maternity leave but got a phone call from her boss last Friday to say that she was on temporary lay off. I always thought that you couldn't be laid off whilst on maternity leave?? She had to train another girl to carry out her work while she was away and now that girl is being kept on a full working week, even though my wife has been there longer. The boss simply said that the other girl has already been trained in my wife's work whereas my wife would have to be trained up to carry out the other girls work. I think if my wife had never been on maternity leave then she wouldn't have been layed off, so does she have a case for unfair dismissal or should she just forget about it and take the redundancy?? What kind of compensation can she expect for something like this if she takes an unfair dismissal claim against her employer? Would her chances of finding another job be hindered by such a claim, if she finds it difficult to get a previous reference. Does the fact that she's put on temporary lay off have any affect on such a claim?
    Thanks for reading all this and any advice is greatly appreciated.


Comments

  • #2
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    Someone on maternity cannot be made redundant.


  • #3
    Clare_Guy
    Closed Accounts Posts: 495 ✭✭Clare_Guy


    14. Can an employee be made redundant while on Maternity Leave or on Additional Maternity Leave?
    No. Notice of Redundancy (included in RP50) cannot issue when a person is on Maternity Leave or indeed on Additional Maternity Leave. The Equality Authority are the experts on this and callers can be referred to them at (01) 4173333. (Lo Call – 1890 24 55 45).



    Source: http://www.entemp.ie/employment/redundancy/faq.htm#faq14


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