Megan Clarke was unfairly dismissed while on maternity leave, the Workplace Relations Commission found, ordering her former employer to pay €6,888 in compensation. The WRC also upheld claims for untaken holidays and unpaid wages. Its decision was dated 17 September 2024.
Clarke told the adjudicator she went on maternity leave in May 2023 and that the business closed without telling her she would have no job to return to. She also said she had worked during maternity leave but received no wages, and was owed holiday pay. The respondent denied employing her, saying it had acted for Noble Point.
The adjudicator concluded that the respondent had taken over the business and Clarke’s employment. In assessing compensation, the adjudicator found she had applied for two jobs and was not actively looking for work, and said she had failed to mitigate her loss. The award reflected the potential statutory redundancy she lost. The WRC separately ordered €2,000 for untaken holidays and €1,000 under the Payment of Wages Act.