Introduction
A recent Workplace Relations Commission (WRC) decision shows just how costly maternity-related discrimination can be for employers in Ireland. Eurotech Renewables Limited, a renewable energy firm based in Monaghan, must now pay €12,480 in compensation to a former employee after the WRC found that she was discriminated against because of her maternity leave.
What Happened in This Case?
Leanne McGuinness joined Eurotech Renewables in 2020 as an administration manager. After her second period of maternity leave, which began in December 2022, she expected to return to the same role in September 2023.
Instead, a director informed her that the company could not afford to take her back “at the moment”. Just two days before her scheduled return, she received a message that sounded like a dismissal. When she followed up to express shock and assert her right to return, the company claimed she was on temporary lay-off and offered her a new role as a “service department receptionist”.
Ms McGuinness rejected the offer, believing it was a demotion and not a genuine alternative. She then filed a complaint with the WRC.
What the Employer Said
Eurotech Renewables denied that her maternity leave had anything to do with their decision. The company stated that it had experienced a downturn and had placed three employees, including Ms McGuinness, on temporary lay-off. They argued that she had requested to work part-time and was offered a different role when her original position was no longer available.
What the WRC Decided
WRC adjudication officer Brian Dolan found that the company acted unfairly. He stated that:
- A reasonable employer would have reinstated Ms McGuinness to her former role.
- The company offered the lesser role to her instead of a recently-hired employee.
- She was the first person placed on lay-off, solely because she had been on maternity leave.
- The messages she received resembled a dismissal, even though her employment wasn’t formally ended with authorities.
As a result, the WRC awarded her €12,480 in compensation—equivalent to six months’ pay.
Why This Matters for Employers
This ruling sends a strong message: employees returning from maternity leave must be treated fairly and lawfully.
Employers must:
- Honour the legal right of employees to return to the same or a comparable role after maternity leave.
- Avoid assumptions about availability based on part-time or flexible work arrangements.
- Use clear and consistent communication around employment status.
- Be cautious when offering alternative roles, especially if they could be viewed as demotions.
Key Lessons for Irish Businesses
To stay compliant and avoid costly legal disputes, employers should:
- Document all maternity leave arrangements and return-to-work plans.
- Train managers on discrimination and family status protections.
- Consult with HR or legal professionals before making changes to an employee’s role.
- Act in good faith and offer genuine opportunities to return to work.
Conclusion
Discrimination doesn’t always come from bad intentions—but mishandling maternity leave can lead to serious consequences. This case reinforces the importance of respecting parental rights and following fair procedures. At Employment Matters, we support both employees and employers in navigating these obligations with confidence.