Review of Recent EAT Decision: Maternity Leave, Alternative Employment and Redundancy

Posted in : Supplementary Case Law Articles ROI on 28 August 2012
David Fagan
Business Legal
Issues covered:

Case Name: Jing Xian Li v David L’Estrange T/A L’Estrange & Co. (UD 2153/2010).

Legislation: Unfair Dismissals Acts 1977 to 2007.
Jurisdictions/Subject Matter: Maternity Leave, Alternative Employment and Redundancy


This appeal against the Recommendation of the Rights Commissioner, involved a claimant’s position in audit, in the respondent accounting firm, becoming redundant while she was on maternity leave without the offer of an alternative position.

Due to the decrease in the volume of work, there was a requirement for redundancies. The respondent gave evidence of a request for a meeting with the claimant in July, but that this had been refused since the claimant was away. It was at

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This article is correct at 06/08/2015

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David Fagan
Business Legal

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