Maternity Rights and TUPE Responsibilities

Posted in : Supplementary Case Law Articles ROI on 19 February 2010
David Fagan
Business Legal
Issues covered:

Today's email focuses on just one case but it is a complex one that involved an employee attempting to return from maternity leave and the operation of TUPE.

Diana Marcinkeviciute v Francis Galligan, Josephine Galligan, Guars Geiba, Ramunskas Kasperavics T/A The Kesh Bar/Restaurant UD559/2009, MN 613/2009


The claimant (the employee) worked as a chef in the Kesh Bar/Restaurant before taking maternity leave in July 2008. Before returning to work, the employee was told that she “didn’t have to come back”.

The employee brought her claim against four respondents. The first and second named respondents (the “original owners”) stated that they were not the employer as the bar/restaurant was

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This article is correct at 06/08/2015

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David Fagan
Business Legal

The main content of this article was provided by David Fagan . Contact telephone number is +353 1 636 3165 or email

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