Courts / Galway / Report

Hotel group say it's 'stretch' for worker to claim maternity protection over miscarriage

Summary

A solicitor for Fadeside Ltd, a subsidiary of the Connacht Hospitality Group, told the Workplace Relations Commission that it was a substantial stretch for a manager who was dismissed 11 days after a miscarriage to claim protection under maternity law. The company's lawyer, Pat Mullins, argued that at the time of dismissal the employee was not pregnant and that the law's 12‑month service requirement could not be waived for a miscarriage. He said the dismissal was performance‑related and that the employee's pregnancy had not been disclosed. The employee's counsel, Ian FitzHarris, contended that the manager had not realized she was pregnant, had returned to work after a brief sick leave, and was dismissed within five days. The tribunal heard legal submissions but did not proceed to evidence, and the matter was adjourned for further submissions by 18 March.

Who, what, where, when and why

What: Report matter: Hotel group say it's 'stretch' for worker to claim maternity protection over miscarriage. Procedural stage: charge_or_pretrial

When:

• 29 September 2023 Other
• 18 March Adjournment
• 2022 and 2023 Other
• 2025-03-03 Publication

Why: "It'll be our case that everything was performance-related, and that was the reason for the termination," he said. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report