ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003441
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00005012-001 | 03/06/2016 |
Date of Adjudication Hearing: 25/01/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I was employed by Respondent for 6.5 years, I complained about bullying and discrimination which was proving detrimental to my health. Due to mental exhaustion I was certified unfit to work by my doctor --- my rehabilitation process was long and difficult, I was certified sick for approx 2.5 years. On the 28 September 2015 I was certified fit to return to work by my doctor. I was eager to return to work and was fully capable of carrying out my duties. On notification to my employer Respondent Solicitors of my fitness to return to work I was informed my position was giving to another and as they are now fully staffed I no longer had employment with their company, When asked Respondent Solicitors made No reference to me with regard to any entitlements, refusing to discuss any severance package/ redundancy. I feel I have been unfairly dismissed. |
Respondent’s Submission and Presentation:
Preliminary Issues
The claim is out of time. No reasonable cause is advanced to warrant an extension being allowed beyond the initial six months.
Substantive Issues
The Complainant was offered an opportunity to appeal the dismissal decision. She chose not to do so. In written / e mail correspondence she made it clear that she was emphatically rejecting the opportunity to appeal.
Decision:
Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Issues for Decision:
Is the claim in time?
Has “reasonable cause” been advance to warrant granting an extension to allow the claim?
If an Extension of time is granted is there a valid claim for Unfair Dismissal?
Legislation involved and requirements of legislation:
Unfair Dismissal Act, 1977 and S.I. No 146 of 2000 – Code of Practice on Grievance and Disciplinary Procedures
Decision:
This case ADJ 3441 (CA- 00005012-001) is an almost mirror image of case ADJ 2727 (CA-00003799-001).
The decision in ADJ 2727 stands equally in this case. Duplicate Redress is not possible under two identical claims and the Redress awarded in this case is set at zero; the matters having being disposed of in ADJ 2727.
Dated: 2nd May 2017