The Workplace Relations Commission found that Dawn O’Brien was discriminatorily dismissed after maternity leave and ordered her employer to pay €7,000 compensation, equivalent to 26 weeks’ wages. The decision, dated 4 November 2022, also upheld five other complaints and ordered payments for holiday pay, notice, a week’s wages, public holidays and employment terms.
O’Brien worked as a cleaning operative for Michael Naughton T/a Eco-swift Environmental Services from 1 October 2018 until 21 June 2021. She said she was not allowed to return after maternity leave and was later dismissed, although the cleaning work continued. Naughton said he had lost cleaning contracts and had no position for her to return to.
The officer found the employer breached maternity protection provisions by not allowing O’Brien to return on the same terms and conditions, and found that she was discriminatorily dismissed on the gender ground. The other orders were €370 for seven days of untaken holidays, €525 for two weeks’ pay in lieu of notice, €262.50 for a week in hand, €210 for four public holidays during maternity leave, and €200 for not providing a copy of her employment terms.