Maternity Benefit: Pregnancy related illness: No job to return to

B

bullhammer

Guest
Ok, I know there has been lots of threads on this already, but could you please answer this?

My wife has been working for the past ten years in a number of jobs, all in the same sector.

Last November, she started a new job and everything went fine until she became pregnant and got very ill.(hyperemesis). This kept her out of work (bed ridden) for 6 or 7 wks. Her boss payed her for the first 2 wks and then after 4 wks told her he would have to take someone else on until she was well enough. The thing is that now she is well enough, her job has been given to someone else and he has no work for her. (BTW, this was a permanent job).

2 things: She wont get another job, now that she is pregnant.
She will not get maternity leave (I shouldn't think)
Please post your thoughts on this.............
thanks in advance............
 
Re: Maternity Benefit

Would this class as discrimination on the grounds that she is pregnant? I would imagine that she has been unfairly dismissed, and she should see her solicitor straight away.
 
Re: Maternity Benefit

Just been thinking about my previous post - was she on any probationary period? Did she sign a contract? If so, what does it state?

You say that she wont get another job as she is pregnant - afaik, it is illegal to discriminate against someone because she is pregnant, and that includes when offering a job. Would be difficult to prove that she was not offered the job solely because she was pregnant.
 
Re: Maternity Benefit

I suggest contacting the Equality Authority (www.equality.ie). It sounds like a definite case of discrimination. It shouldn't affect receiving Maternity Benefits, as this relates to your partners PRSI contribution record, however as she is no longer employed, she will need to apply to the maternity benefits section of Department of Social and Family Affairs immediately. See (www.welfare.ie). Hope this helps
 
thanks for the replies............
Much appreciated
 
Re: Maternity Benefit

There was a recent precedent setting case where the employer had not treated a pregnancy-related illness as any other illness. Get advice from the sources listed above or a solicitor.
 
Under the Unfair Dismissals Act an employer can not dismiss / discriminate on grounds of pregnancy (regarding of length of service as the 1 yr service requirement under the Unfair Dismissal Act is wavered in cases of pregnancy)

Sounds like the employer will have difficulty proving he had objectives grounds for her dismissal that were not pregnancy related. She should call the Equality Authority and get advise on how to proceed.

Case law can be found at www.equalitytribunal.ie
 
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