Redundancy

LegacyUser

Cant seem to find any information anywhere in regards to my query. Had an employee who went on maternity leave in June 2007 and was due back to work in Jan 08. She then took extended unpaid maternity leave and in approx April 2008 went on sickness benefit. Last month out of the blue she dedcided to come back to work as her sickness benefit had expired - but unfortunately we are not in a position to now offer her the same hours and pay as before. I didnt replace her with another employee - I just had family members help do more shifts. She has now issued me with a notice of intention to claim redundancy payments. Is this right...... was I reasonably expected to keep her position open for an undetermined lenght of time? Any advice would be gratefully appreciated

eejoynt

Rights of workers in a pregnancy situation are complex and surrounded with ECJ judgments.
If you don't accommodate her in some way you could find yourself before a third party for which hiring a lawyer would be necessary.

It might be cheaper to pay the redundancy and claim back the 60% from the social insurance fund

Mrs OBumble

You need a lawyer with employment expertise: this is to do with sickness benefit rather than maternity leave, I think.

You made a mistake by not clarifying the situation when she went on sickness initially. Don't make another one by relying on cheap advice from boards instead of getting good legal advice.

Shelflife

Its a complex situation and i wouldnt roll over too easy, once the pregnancy issue was out of the way it became an illness issue, did the ex employee continue to furnish you with certs? are they still on your books?

they cant just disappear into the sunset and then popup and claim redundancy.

did they inform you in writing of their continued illness and their desire/intention to return.

you need to protect your rights as well, you need to delve a little deeper into the situation.

jimoc

As others have said you need to get proper advice on this.

However, (evil me awakes) you should also offer her a redundancy package of 4 weeks per year worked.
Since this is based on her salary of the past 12 months :
4 weeks X 0 (since she wasn't being paid) = 0

Denimgirl

anon101 wrote: »

Cant seem to find any information anywhere in regards to my query. Had an employee who went on maternity leave in June 2007 and was due back to work in Jan 08. She then took extended unpaid maternity leave and in approx April 2008 went on sickness benefit. Last month out of the blue she dedcided to come back to work as her sickness benefit had expired - but unfortunately we are not in a position to now offer her the same hours and pay as before. I didnt replace her with another employee - I just had family members help do more shifts. She has now issued me with a notice of intention to claim redundancy payments. Is this right...... was I reasonably expected to keep her position open for an undetermined lenght of time? Any advice would be gratefully appreciated

call employment rights and ask them what she is entitled to 1890 808090 they are very helpful

shoegirl

jimoc wrote: »

As others have said you need to get proper advice on this.

However, (evil me awakes) you should also offer her a redundancy package of 4 weeks per year worked.
Since this is based on her salary of the past 12 months :
4 weeks X 0 (since she wasn't being paid) = 0

You need proper legal advice from a solicitor, not opinion from on here.

If she is working there for more than 2 years she would be entitled to 2 years statutory up to a maximum of 600 per week for every year she has worked. You can get 60% of this back so the net cost to you is only 40%. You are not bound by law to go above. There is a calculator on entemp.ie

Might be easier and cheaper to do this than end up with costly labour court case. Besides it will satisfy your obligations to her and put and end to the relationship which sounds desireable as it doesn't really seem like she wants to work.