From the bench: Pregnant on probation

During the period of probation, an employer may dismiss an employee without justified cause, given that if the employee has been in employment for at least one month, the employer gives the employee one week’s notice prior to the termination. The Protection of Maternity (employment) Regulations establish the minimum requirements to safeguard the employment rights of pregnant employees, the right of employees who have recently given birth and those employees who are breastfeeding, with the scope of improving the health and safety of pregnant employees. On July 9, 2020, the Industrial Tribunal decided that a pregnant employee’s dismissal during her probation period was in breach of the protection of maternity (employment) regulations and liquidated damages to the dismissed pregnant employee for €10,000, payable by the accounting firm that had dismissed her while she was on maternity leave. The tribunal’s decision was overturned on appeal by a judgment delivered on May 12, 2021, by Judge Lawrence Mintoff (case ref number 28/2020 LM). The facts were as follows: In April 2018, the employee attended an interview with an accounting firm. She was chosen and it was agreed that she was to...