First Previous (PART V Resolution of Disputes)

34 1994

MATERNITY PROTECTION ACT, 1994

PART VI

Amendments and Application of Other Enactments

Amendments relating to unfair dismissal.

38. —(1) At the beginning of subsection (1) of section 2 of the 1977 Act (which excludes certain employees) there shall be inserted “Except in so far as any provision of this Act otherwise provides”, and in paragraph (a) of that subsection the words from “and whose” shall be omitted.

(2) In section 2 (2) of the 1977 Act (which specifies dismissals in relation to which that Act does not apply) for paragraph (c) (inserted by the 1981 Act) there shall be substituted—

“(c) dismissal where the employee's employer at the commencement of the employment informs the employee in writing that the employment will terminate on the return to work with that employer of another employee who is absent from work while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act, 1994, and the dismissal of the first-mentioned employee duly occurs for the purpose of facilitating the return to work of that other employee.”.

(3) At the beginning of each of sections 3 and 4 of the 1977 Act (which relate to dismissal during probation, training or apprenticeship) there shall be inserted “Except in so far as any provision of this Act otherwise provides”.

(4) In section 6 (2) of the 1977 Act (which specifies the matters which cause a dismissal resulting from any of those matters to be deemed to be an unfair dismissal) for paragraphs (f) and (g) (the latter inserted by the 1981 Act) there shall be substituted—

“(f) the employee's pregnancy, giving birth or breastfeeding or any matters connected therewith,

(g) the exercise or proposed exercise by the employee of a right under the Maternity Protection Act, 1994, to any form of protective leave or natal care absence, within the meaning of Part IV of that Act,”.

(5) After section 6 (2) of the 1977 Act there shall be inserted—

“(2A) Sections 3 and 4 do not apply to a case falling within paragraph (f) or (g) of subsection (2) and, for the purposes of those paragraphs, “employee” includes a person who would otherwise be excluded from this Act by paragraph (a), (c), (f) or (g) of section 2 (1).”.

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

39. —In Schedule 3 to the Redundancy Payments Act, 1967 , in paragraph 5 (which specifies periods which do not breach continuity of employment) for subparagraph (1) (d) (inserted by the 1981 Act) there shall be substituted—

“(d) a period during which an employee was absent from work while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act, 1994.”.

Provisions applying where employee not permitted to return to work.

40. —(1) This section applies to an employee who, having duly complied with section 28 , is entitled under Part IV to return to work but is not permitted to do so by the relevant employer, as defined in section 30 (3), and in this section, in relation to such an employee, “the expected date of return” means the date notified under section 28 (1) as the date on which the employee expected to return to work.

(2) For the purposes of the Redundancy Payments Acts, 1967 to 1991, an employee to whom this section applies who is also an employee to whom those Acts apply shall be deemed to have been dismissed by reason of redundancy, the date of dismissal being deemed to be the expected date of return.

(3) For the purposes of the Minimum Notice and Terms of Employment Act, 1973 , the contract of employment of an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been terminated on the expected date of return.

(4) For the purposes of the 1977 Act—

(a) an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been dismissed on the expected date of return; and

(b) the dismissal shall be deemed to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.

Protection of employee's rights on insolvency of employer.

41. —(1) In the Protection of Employees (Employers' Insolvency) Act, 1984 , section 6 (which provides for certain amounts to be paid out of the Redundancy and Employees' Insolvency Fund) shall be amended in accordance with this section.

(2) In subsection (2) (a), for subparagraph (v) there shall be substituted—

“(v) any amount which an employer is required to pay by virtue of—

(I) a determination under section 8 (1) or 9 (1) or an order under section 10 (2) of the 1977 Act, or

(II) a decision, determination or order under Part V of the Maternity Protection Act, 1994,

and made, in any case, not earlier than the commencement of the relevant period,”.

(3) In subsection (4) (c), after subparagraph (iii) there shall be inserted—

“(iv) A payment shall not be made under this section in respect of an amount to which a decision under Part V of the Maternity Protection Act, 1994, relates unless—

(I) in case an appeal from the decision to the Tribunal is brought under the Part in question, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(v) A payment shall not be made under this section in respect of an amount to which a determination under Part V of the Maternity Protection Act, 1994, relates unless—

(I) in case an appeal from the determination is brought to the High Court under the Part in question, the appeal is withdrawn, or

(II) in case there is no appeal, the time for bringing such an appeal has expired.”.

Acts Referred to

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

Holidays (Employees) Act, 1973

1973, No. 25

Local Government Act, 1941

1941, No. 23

Maternity Protection of Employees Act, 1981

1981, No. 2

Maternity Protection of Employees Acts, 1981 and 1991

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Protection of Employees (Employers' Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Acts, 1967 to 1991

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Unfair Dismissals Act, 1977

1977, No. 10