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Returning to Work: When Your Job Disappears

Oksana's experience with automatic unfair dismissal in Galway

Oksana had worked as an office administrator in Galway for three years. She was a reliable employee, arriving on time and doing her job well. When she became pregnant, she took maternity leave as she was entitled to do. Everything seemed fine—her employer was pleasant at the handover meeting, and there were no warnings about changes ahead.

Two weeks after she returned to work, Oksana was called into her manager's office. She was told her role had been made redundant while she was on leave. There was no consultation, no warning, and no attempt to find her another position. She was simply let go. The timing felt suspicious to Oksana, but she didn't know if there was anything she could do about it legally.

When Oksana consulted with a solicitor about her dismissal, she learned that the law protects workers in her exact situation. Dismissing someone within a short time of them returning from maternity leave is treated very seriously. A tribunal found her dismissal to be automatically unfair—meaning the employer couldn't justify it, no matter what they said. Oksana received compensation for her lost wages and the unfair treatment she had experienced.

What the Law Says

In Ireland, dismissing an employee because they have taken maternity leave is automatically unfair. This protection applies regardless of how long the employee has worked for the employer or how the dismissal is described. If someone is dismissed during maternity leave or very soon after returning, the burden of proof shifts—the employer must prove the dismissal was not connected to the maternity leave. This is a strong legal protection that exists because pregnancy and maternity leave should never be a reason for losing your job.

⏰ Important Time Limit

If you believe you have been unfairly dismissed, you must bring a claim to the Workplace Relations Commission within 12 months of your dismissal. This deadline is strict, and claims submitted after 12 months will normally not be accepted, even if you have a strong case.

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