EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE,
UD399/2012
- claimant TE258/2012
Against
EMPLOYER - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. McAveety
Members: Mr. T. O'Sullivan
Mr O. Nulty
heard this claim at Longford on 22 July 2013
Representation:
Claimant(s) :
Respondent(s) :
The determination of the Tribunal was as follows:-
When this case came before the Tribunal a separate appeal by the employee of a Rights Commissioners recommendation reference R-119141-TE-11/JC was also heard.
Summary of Evidence
The claimant commenced employment with the HSE in 1978. His employment continued without any difficulty until March 1998. He was appointed as Superintendent Community Welfare Officer in 1998. His rate of pay and responsibility for a project to computerise community welfare offices locally and national was discussed and agreed with the deputy CEO at the time (DO’D). For a period of six and a half years the claimant attempted to obtain a written job description. DO’D before retiring indicated that the claimant’s position would remain unchanged. The employer ignored his requests and did everything to frustrate his employment. Prior to 2002 he had no sick leave. He successfully carried out an audit in 2006 with full co-operation from each division. In October 2008 he made a formal disclosure of waste in the organisation which led to his audit role being frustrated by his line manager. Other employees were informed not to supply any information on audit to him, information which previously would be available to him. He entered in to a conciliation agreement in 2008 which was not fully implemented by management. A formal grievance was made and there were excessive delays concluding the investigation. In May 2010 due to ill health brought on by a toxic workplace he went on sick leave. After a period of sick leave he returned to the workplace which he found had deteriorated further leading to further sick leave. In October 2011 having exhausted all procedures open to him and at a time when the community welfare services transferred to the Department of Social Protection he decided to apply for retirement due to the behaviour of the respondent.
Employee Relations Manager (JB) on behalf of the respondent opened to the Tribunal attendance records of the claimant including details of on- going periods of illness. The witness explained that the respondent was contesting the case on the basis that the claimant had applied to retire due to ill health.
Determination
The Tribunal have considered all of the evidence presented by the claimant and the respondent. They find, that at the time the claimant applied for retirement on ill health grounds, he had the benefit of representation during the entire process and was fully aware of the consequences of his decision. In the circumstances therefore, the Tribunal finds that the claimant’s case fails under the Unfair Dismissal Acts, 1977 to 2007.
As no evidence was presented to the Tribunal to support a finding that Section 5 of the Terms of Employment (Information) Act, 1994 and 2001 had been breached, the Tribunal further upholds the recommendation of the Rights Commissioner in that regard.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)