UD306/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                        CASE NO.

                                                                                                                                   UD306/2013

Eileen Conmy             -           (claimant)

against

Anam Cara Care Services Limited     -           (respondent)

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr J. Revington S.C.

Members:     Mr. M. Flood

                    Mr. S. O'Donnell

heard this claim at Dublin on 18th March 2014

Representation:

_______________

Claimant(s) :                Clarke & Flynn, Solicitors, Bury Street, Ballina, Co. Mayo

Respondent(s) :           No appearance by or on behalf of the respondent            

The determination of the Tribunal was as follows:

The claimant’s representative told the Tribunal that the claimant commenced employment with the respondent company as a Social Care Worker in September, 2010.   In October, 2012 a dispute arose with the Manager over the fact that the claimant had taken a sick day on 6^th October, 2012. The Manager began to harass the claimant thereafter, asking her for a doctor’s certificate even though staff were only obliged to provide a sick cert after two days absent as per contract. As a result of the harassment, the claimant went on unpaid sick leave on 17^th October, 2012.

The claimant made a complaint to other members of management but no positive action was taken to deal with the complaint. On 24^th October, 2012 it was announced that three members of staff were to be let go. The claimant was invited to a resolution meeting on 31^st October, 2012 with Management whereby she was asked to withdraw her complaint. She was requested to re-interview for her job, which took place on 2^nd November, 2012. The Manager who had been engaging in the bullying behaviour towards her sat on the interview panel. Later that day she was informed she was being dismissed.

Determination

The Tribunal noted that there was no appearance by or on behalf of the respondent. On the uncontested evidence of the appellant, the Tribunal finds that the claimant was unfairly dismissed within the meaning of the Unfair Dismissals Acts and awards the claimant €54,000.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)