ADJ-00004354

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00004354

Parties:

Complaint

Date of Adjudication Hearing: 16/05/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Location of Hearing: Lansdowne House, Dublin 4

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background.

The Complainant was employed from 1^st November 1996 until the employment was terminated on 2^nd June 2016. The Complainant had left the employment for 13 weeks in 2001 but resumed working for the Respondent in May 2001. The Complainant was paid €620.00 gross per week and she worked 40 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of Employment, including the Grievance and Disciplinary Procedures of the Company – copy provided to the Hearing. The Complainant referred a complaint to the WRC on 6^th August 2016 alleging she had been unfairly dismissed. The dismissal was not disputed.

Summary of Respondent’s Position.

The Complainant had been employed with the Respondent from 1996. She left to work elsewhere in 2001 but requested to return to the Respondent Company in May 2001. The Complainant never raised any issues with the Company or the Management during the course of her employment. She always had a good attendance record and always punctual and reliable. She was in a position of authority and assisted with the ordering of drink stock.

On 26^th October 2015, a busy Public Holiday, one of the Managers observed that the Complainant had left earlier than her rostered shift and a colleague confirmed that the Complainant had gone home. At a meeting with a named Manager on 28^th October 2015 to discuss the incident of 26^th October 2015, the Complainant stated she was suffering from stress and had enough stress in her life without having to deal with this incident. The Complainant left the meeting and observed to two colleagues that they would never see her on the premises again. The Manager texted he, post the meeting requesting her to reconsider her verbal resignation. She responded to withdraw the comments. The Complainant submitted work related stress medical certificates to the Respondent and did not resume her employment.

The Complainant had lodged a formal Grievance of Bullying and Harassment with the Respondent on 5^th November 2015. As the Complainant was on sick leave the Respondent wrote to the Complainant on 27^th November 2015 advising her that she can progress her Grievance when she returns to work and she was also afforded the opportune to have an independent third party investigate her complaints when she returned to work. The Complainant has not returned to work but that option is still open to the Complainant.

The Complainant submitted medical certificates from 29^th October 2015 to 28^th January 2016. The last medical certificate was received by the Respondent on 12^th January 2016 and the Complainant has been on unauthorised leave since then. Company policy which the Complainant is aware of is to produce weekly medical certificates to the Company. The Complainant did not comply with this, submitting certificates every 9 to 14 days up to January 2016.

The Respondent made numerous attempts to contact the Complainant – 21^st January 2016 – 16^th February 2016 – 28^th April 2016 a letter was sent by registered post and by email asking her to confirm her status of employment and advised her that if the Respondent did not hear from her within two weeks they would take this as her resignation from her position. There was no response. On 30^th June 2016 a letter and email was sent to the Complainant to inform her that her contract was being terminated as the Respondent had no contact from her in 18 weeks. The Complainant was afforded a right of appeal to this letter but did not do so.

In relation to the Complainant’s Grievance against a named Manager. Her complaint was heard in accordance with Company Grievance Policy by another named Manager who did not uphold her complaint. She was afforded a right of appeal to an external consultant. However the Complainant has been on sick leave from October 2015 to January 2016

Summary of Complainant’s Position.

The Complainant lodged a formal Grievance of Bullying/Harassment against a named Manager in relation to an incident of 26^th October 2016.A meeting was held between the Complainant and the Respondent in accordance with the Company Procedure on 23^rd November 2016. The Complainant confirmed that she had signed the minutes of this meeting. The Complainant stated that her Grievance was not upheld and she had been afforded an opportunity to appeal to an external consultant but she confirmed she did not do so.

The Complainant confirmed that she had received correspondence and emails from the Respondent in January 2016/February 2016/April 2016 and June 2016. The Complainant also confirmed that she had not submitted medical certificates to the Respondent after 12^th January 2016. The Complainant also confirmed at the Hearing that she did not respond to any of the letters or emails from the Respondent.

The Complainant stated that her Solicitor wrote to the Respondent on 7^th June 2016 informing them that a complaint would be lodged with the WRC.

The Complainant stated that she was not in receipt of either Illness Benefit or Jobseekers Benefit from the Department of Social Protection. She was requested to provide a statement from the Department to confirm this but did not do so. The Complainant stated that she commenced employment sometime in the third week of June 2016 and worked up to 1^st September 2016 where she worked varies hours and was paid €10.00 an hour. She worked from 27^th September 2016 with a named Company from 27^th September 2016 to February 2017 where she worked 40 hours a week and she was paid €15.00 an hour and from 26^th February 2017 she works 36-40 hours a week with another named Company and is paid €10.50 an hour. The Complainant was requested to provide evidence of these employments but did not do so.

Findings.

On the basis of the evidence from both Parties I declare this complaint is not well founded.

The Complainant was on sick leave with medical certificates submitted up to January 2016. The Complainant did not submit any further medical certificates to the Respondent after January 2016 and the Complainant did not respond to contacts from the Respondent in January, February, April and June 2016. Her employment was terminated by the Respondent on 2^nd June 2016.

Decision:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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.

In accordance with Section 8 of the Act and on the basis of the evidence presented to the Hearing I declare this complaint is not well founded.

Dated:   22^nd August 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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