ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00061890
Parties:
| Complainant | Respondent |
Parties | Shauna Byrne | Keane Thompson Limited |
Representatives | Self-Represented | Mr G Arkins - Consultant |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00075570-001 | 19/09/2025 |
Date of Adjudication Hearing: 25/03/2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 30 and 31 of the Maternity Protection Act 1994 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issue in contention was a major difference of opinion between a Head of Residential Sales and an Estate Agency regarding the amount of employer funded Maternity Pay that was proper during a period of Maternity Leave. The Employment began on the 17th February 2021 and ended on the 4th September 2025. Gross pay was stated by the Complainant to have been in the €3,900 per month region for a 39-hour week. |
1: Opening Issues – Jurisdiction of cited Legislation
At the commencement of the Oral Hearing, it was pointed out by the Respondents that the Legislation being cited, namely - Section 30 and 31 of the Maternity Protection Act 1994 does not provide for Employer Related/Funded pay during Maternity Leave.
In plain English there is no legal obligation on an Employer to pay Maternity benefit. As the issue in this case was centred on an alleged Employer Funded arrangement it is outside of the Maternity Protection Act 1994.
Maternity Benefit is a Department of Social Protection issue.
Section 22 of the Act was cited.
Section 22
Preservation or suspension of certain rights, etc. while on protective leave, etc.
22.—(1) During a period of absence from work by an employee while on—
(a) maternity leave,
(b) subsection (1) (a) leave, as defined in section 16 (3), or
(c) leave granted under section 18,
and during a period of natal care absence, the employee shall be deemed to have been in the employment of the employer and, accordingly, while so absent the employee shall, subject to subsection (6) and section 24,be treated as if she or he had not been so absent]; and such absence shall not affect any right (other than, except in the case of natal care absence, the employee’s right to remuneration during such absence), whether conferred by statute, contract or otherwise, and related to the employee’s employment.
(Underlining by Adjudication Officer.)
In joint discussions with the Complainant this situation was explained by the Adjudication Officer.
Accordingly, he could not proceed with the case.
It was pointed out that the Complainant could reformulate the complaint under other pieces of Employment or Civil Legislation.
2: Findings and Conclusions:
The Legislation cited does not provide for the complaint in this case. The Complaint cannot be deemed to be Legally Properly Founded. |
3: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 30 and 31 of the Maternity Protection Act 1994requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: -00075570-001
The Complaint is Legally Not Properly Founded and cannot be proceed with.
Dated: 21/08/2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Maternity Protection Act,1994 |