Dear Claudine,
I have been employed as a beautician for three years. I went on maternity leave for 6 months. My employer said that she would have to employ someone in my absence. I telephoned my employer about six weeks before I was to return to work letting her know my actual date of return. When I returned to work she explained to me that the girl who had filled my position temporarily was going to stay on and she could only offer me one day per week. I was very upset and we had an argument. She said that business may improve and she will give me more days, if that happens. I cannot afford to work for one day a week and be able to pay my bills. I left my job on the 6th of September as I was not getting any more days. Can you please advise me.
Carol.

Dear Carol,
Thank you very much for your letter. Firstly, the Maternity Protection Act, 1994 is the main legislation on Maternity leave in Ireland. As an employee you are entitled to 18 weeks minimum maternity leave. The Act provides “protective leave” of an employee when on maternity leave and requires that an employee’s statutory and contractual rights remain in place while on maternity leave. Any termination of an employee’s notice when they are on maternity leave is void. Also, another provision of the Act provides for a general “Right to return to work” to the position held by an employee before they went on maternity leave. Dismissals when an employee is on maternity leave are automatically considered to be unfair and this includes women being made redundant during the maternity period and not being offered suitable alternative employment. Generally, disputes are brought before the Employment Appeals Tribunal within six months of the termination of employment; this may be extended in exceptional circumstances to 12 months. The Equality Act 2004 has also added to the protection of employees in Ireland. It prohibits discrimination on the grounds of gender, marital status, family status, sexual orientation, religion, age, disability race/colour/nationality and membership of the Traveller community. The Act prohibits discrimination in employment in relation to access to employment, conditions of employment training/experience and promotion. It is important to note that there is no set limit on any monies that may be awarded by way of compensation, if a client decides to proceed with a gender discrimination case directly to the Equality Tribunal. The Employment Equality Act applies to all employees regardless of length of service. I would advise that you make an application in writing to the Employment Appeals Tribunal and the Equality Tribunal explaining that your employer has breached the Maternity Protection Acts, the Unfair Dismissals Acts, and the Employment Equality Acts. I would refer you to their websites www.labourcourt.ie and www.equalitytribunal.ie . You have six months to do so from the 6th September, being the date your employment ended. Your employer effectively left you with no option but to leave and her actions are prohibited under the Acts as outlined. Alternatively, you may wish to consult a solicitor in relation to your Application.
With Every Good Wish, Claudine.