The Complainant worked as a Cleaning Operative from October 2018 to June 2021.  

In November 2020, the Complainant went on Maternity Leave. The Complainant was not allowed to return to work after maternity leave and was initially told there was no work for her to return to.  The Complainant was told she would be paid outstanding money including holidays, week in hand but never received these payments. When the Complainant received the letter informing her of her dismissal, it stipulated she was dismissed due to Covid-19.  She was told they would put this on the letter to make it easier for her to get social welfare. The Complainant was not offered a fair hearing, she had no right of reply and had no chance to appeal the decision to dismiss her. The Complainant submitted she was denied fair procedures.  

The Complainant further submitted she did not receive any terms of employment. 

The Respondent submitted they had lost five of the factories with whom he had a contract for cleaning, leaving only one.  The Respondent submitted further the person employed to cover for the Complainant while she was on maternity leave was subsequently retained by that factory, meaning there was not a position for the Complainant to return to.   

The Adjudication Officer held it was clearthe Respondent breached the Maternity Protection Act by failing to allow the Complainant to return to the same terms and conditions of employment following maternity leave.  The Complainant was therefore discriminatorily dismissed on the grounds of gender. Therefore, the Adjudication Officer awarded the Complainant the sum of €7,000.00 compensation, which was the equivalent of 26 weeks wages. 

Guidance for Employers:  

The Employment Equality Act provides that discrimination shall be taken to occur where a person is treated less favourably than another person is, has been or would be treated in a comparable situation.  

The Maternity Protection Act 1994 provides on the expiry of a period during which an employee was absent from work while on protective leave, the employee shall be entitled to return to work with the employer with whom she was working immediately before the start of that period. Employers must adhere to these provisions of the Employment Equality Act & Maternity Protection Act, failing which, they will be deemed to have unfairly discriminated against an Employee.