UD532/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                          CASE NO.

Mary Reale

- claimant                                                                                                                  

                                                                                                                                   UD532/2013

against

Michael Ryan T/A Londis

- respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr P. Hurley

Members:     Mr T. Gill

                    Mr F. Dorgan

heard this claim at Limerick on 22nd October 2014

Representation:

_______________

Claimant(s) :        Mr Gerry Hinchey, Limerick Citizens Information Centre, 54

                           Catherine Street, Limerick

Respondent(s) :   Mr. Con Barry, Herbert & Co, Solicitors, Glanmore Suite,

                           Park House, Arthurs Quay, Limerick

Determination

The claimant was employed by the respondent at the delicatessen counter of the respondent’s business from April 2002. There were no issues with her work performance. She went absent on sick leave in December 2011 for a prolonged period and submitted regular medical certificates which deemed her unfit for work. These medical certificates did not state the nature of her illness and did not give any indication as to when she would be fit to return to work.

During this prolonged absence from work the respondent contacted the claimant and requested that she attend an independent medical doctor. The claimant attended as requested on 13 December 2012 and was certified by the independent doctor as being unfit for work. He could not predict when she would be able to return to work. On 17 January 2013 the respondent, having read the independent doctor’s report wrote to the claimant stating that he needed to formalise her situation and sought a written reply to this effect within the next week. The claimant replied in writing by way of letter dated 23 January 2013 stating that she intended to return to work but was unable to state exactly when she would be able to return. She stated that she would discuss it with her doctor over the coming weeks and would inform him if there was any change.

The respondent then wrote to the claimant by way of letter dated 25 January 2013 again seeking to ascertain when she would be returning to work and requesting a medical certificate stating that she was capable of working. The claimant attended her doctor on 29 January 2013 and was certified as being medically unfit for work until 28 February 2013.

On 21 February 2013 the respondent wrote to the claimant stating that due to her ongoing condition it is unlikely that she will be immediately available to carry out her duties and with this in mind he terminated her employment with immediate effect.

The claimant in her verbal evidence to the Tribunal stated that she remained unfit for work until May 2014 and took up a position with a new employer in June 2014.

Taking the above position into consideration and the verbal and written submissions of both parties, in particular the legal submission of the respondent, the Tribunal is satisfied that the respondent met the required threshold and standard of reasonableness. The Tribunal, in those circumstances finds that the decision to dismiss the claimant was not unfair and accordingly finds that the claim under the Unfair Dismissals Acts fails and is hereby dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)