Woman is awarded €3,000 as maternity leave 'top-up'
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The Labour Court has recommended that a Galway woman be awarded compensation of €3,000 as a 'top up' payment for maternity leave.
Management at G4S Cash Solutions Ireland LTD had argued that payment of top up maternity payments applied only to clerical staff and not cash-in-transit staff. It said that the worker was employed "substantively in a position of cash-in-transit with only minimal cover as a clerical worker", and therefore the maternity payment was "inappropriate".
SIPTU argued the worker was employed in 2005 and had responsibility for both cash in transit and clerical duties. Maternity top-ups were given to clerical workers prior to 2008 and so she had a "clear expectation" that she would receive a payment.
The Labour Court, which issued its findings this week following a hearing, said that it was "not unreasonable to have some expectation of being treated in a similar fashion to clerical staff. However, it fully accepts that her contract is silent on the issue of maternity top-up benefit."
It added: "The Court is satisfied that the worker's circumstances are very different to others who occasionally act up inclerical duties and, accordingly, on a once off basis in all the circumstances of this case the Court recommends that the worker should be compensated by the payment of a lump sum to the value of €3,000 and the company should make it clear for future reference that her contract does not provide for maternity top-up."
 
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