Cathy Smith, SC

Senior Counsel, Bar of Ireland

Cathy Smith SC is a senior counsel and independent barrister with over 21 years’ experience in litigation, arbitration and mediation. She was granted a patent of precedence by the Government of Ireland in 2022 and admitted as a Senior Counsel to the Inner Bar of Ireland. Her practice spans commercial, employment, equality, and public law, acting for individuals, corporate clients and State bodies.

She was elected to the Council of the Bar of Ireland in 2023 and previously served as Vice-Chair of the Council (2024) and Chair of its Arbitration and ADR Committee (2023-2024).

A qualified mediator (CEDR) and arbitrator (Chartered Institute of Arbitrators), she is a former director of the Dublin Dispute Resolution Centre and a member of the Executive Committee of Arbitration Ireland and former member of the Irish National Committee for the ICC Court of Arbitration.

Ms Smith has held significant State-appointed adjudicative roles. She was Independent Chair of the Central Bank of Ireland’s bank appeals panels established under the Central Bank’s tracker mortgage examination, determining complex appeals involving financial loss and serious personal consequences.

In 2023 she was appointed, on nomination of the Attorney General, to a statutory Determination Panel under EU fisheries regulations.

In 2024 she was appointed Chair of the Apple Pay (NFC) Appeals Panel.

Her commercial practice includes membership of the Department of Enterprise, Tourism & Employment’s Company Law Review Group.

She is a leading practitioner in employment, equality and whistleblowing law, appearing before the superior courts and the CJEU, advising public bodies including GSOC and An Garda Síochána, and drafting national Codes of Practice for the Irish Human Rights and Equality Commission. She is a member of membership of the Department of Enterprise, Tourism & Employment’s, Employment Law Review Group.

She is widely recognised for extensive pro bono work. She received a University of Limerick Alumni Award in 2023. She is Adjunct Professor of Law and Practice in the University of Limerick.

Contributed to

1

Ireland—The right to return to work after maternity leave

Practice Notes

Maternity leaveThis Practice Note considers the right of an employee to return to work after maternity leave (ML) or additional maternity leave (AML) under ss 26 and 27 of the Maternity Protection Act 1994 (Ireland) as amended by the Maternity Protection Act 2004 (Ireland) (these acts together, the MPA 1994 (IRL)). The MPA 1994 (IRL) is the transposing legislation in Ireland for EU Directive 92/85 EEC (Pregnancy Directive) and EU Directive 2006/54/EC (recast) (Recast Directive). In addition to a statutory right to return to work after ML or AML, a right to maternity leave and to return to work thereafter can also exist separately as a contractual right.An employee is entitled to 26 weeks ML and up to 16 weeks AML from work. These are periods of protected leave during which the employee’s employment is deemed to continue. On the expiry of ML or AML an employee is generally entitled to return to work with their employer.An employee who is absent on maternity leave

Ireland - Employment

Practice Area

Ireland - Employment

Panel

Contributing Author

Qualified Year

1997

Year Taken Silk

2021

Experience

BDO: Senior Manager, Company Compliance and Regulation (2002 - 2003)
Smurfit Kappa (formerly Jefferson Smurfit Group plc): Group Corporate Secretarial Manager (1999 - 2002)

Membership

Arbitration Ireland, Executive Committee Member
Dublin International Disputes Week, Steering Group Member
Department of Enterprise, Tourism & Employment, Employment Law Review Group Ministerial appointee
Department of Enterprise, Tourism & Employment, Company Law Review Group Member – Corporate Insolvency Committee
Sea Fisheries Protection Authority: Determination Panel Member
Member of the Employment Bar Association and the Employment Lawyers Association of Ireland.