FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OUR LADY'S HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's recommendation IR912/99/JH.
BACKGROUND:
2. The worker concerned commenced employment with the hospital on the 12th of June, 1999. She was employed on a part time basis as a domestic and her hours of attendance were 6.30am to 11.30am. She was absent on sick leave from the 28th of June, 1999 and her employment was terminated on the 23rd of July, 1999. The hospital's position is that the worker's employment was terminated following a telephone conversation in which she informed her supervisor that she was no longer in a position to perform her duties.
The worker claimed that she was unfairly dismissed and referred the matter to a Rights Commissioner for investigation and recommendation. On the 8th of March, 2000, the Rights Commissioner recommended as follows:
"On the basis of the submission made at the hearing taking into account the conclusion set out above, I do not consider that this was a case of unfair dismissal. Having regard to all the circumstances, I do recommend that the hospital pay to the worker the sum of £200 nett as a gesture of goodwill, provided that she indicates in writing to the hospital that she is prepared to accept this recommendation."
The worker was named in the recommendation.
The Rights Commissioner's recommendation was appealed by the worker to the Labour Court on the 27th of March, 2000 under Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 19th of May, 2000.
WORKER'S ARGUMENTS:
3. 1. Prior to her employment with the hospital, the worker had been employed in the hospital by a cleaning contractor. Management approached the worker with the offer of a job on the basis of her good reputation with the cleaning contractor operating within the hospital.
2. The worker did not resign from her job and was surprised to receive her P45 in the post.
3. The worker was treated unfairly by management. She was unavailable to work due to illness and submitted a doctor's certificate. The worker enjoyed her work in the hospital and in the circumstances is seeking that she be reinstated to her position.
HOSPITAL'S ARGUMENTS:
4. 1. On the 26th of June, 1999, the worker arrived at the hospital at 1am and proceeded to carry out her household duties. She refused to leave the hospital that night and slept on the premises. Following this incident, she was referred to the hospital's social worker by her supervisor.
2. The worker was absent on sick leave from the 28th of June, 1999. She submitted one sick certificate on the 9th of July, 1999. On the 23rd of July, 1999, she phoned her supervisor and resigned her position. Her resignation was accepted over the phone. The social worker was also informed by the worker of her intention to resign.
3. The worker phoned her supervisor 6 weeks later looking for a job. She stated that as far as she was concerned, she was absent on sick leave for which she supplied a doctor's certificate and wanted her job back.
4. The worker went out on sick leave on the 28th of June, 1999, during which time a temporary person was deployed to replace her. Her job had remained open until the 23rd of July, 1999 when she contacted her supervisor and resigned her position. The social worker confirmed that the worker informed her she was resigning from her position. There was no further contact with the hospital until six weeks later when she sought her job back. As the position had been filled, the supervisor was unable to offer her employment.
DECISION:
Having considered all aspects of this appeal, the Court is satisfied that the recommendation of the Rights Commissioner is correct in this case. Accordingly, the Court decides that the Rights Commissioner's recommendation should be upheld.
The appeal, therefore, fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th June, 2000______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.