Complainant

Respondent

Anonymised Parties

A Nurse

A Health Service Provider

Representatives

 Employee Relations Department

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00055448-001

08/03/2023

The complainant submitted a complaint to the Workplace Relations Commission, claiming that she has been constructively dismissed by the respondent contrary to the Unfair Dismissal Acts 1977.

The respondent rejects this complaint and says that she is still an employee of the respondent and therefore was never dismissed from her employment.

The complainant does not dispute that she continues to receive sick pay as recently as June 18th 2023, (some two weeks before the hearing.

She says that she did attempt to resign but that this was refused.

There is also an outstanding matter between the parties relating to a period for which the complainant was not paid her sick leave.

The complainant continues the relevant sick pay and is an active employee of the respondent.

Therespondent requestssubject totheagreement ofthecomplainant and theWRC that theissuesaround thiscaseareheard in private.

The complainant is employed as a nurse and remains on sick leave.

She has been paid in line with the respondent sick leave scheme and provision for extended sick leave.

The complainant continues to be employed within the respondent in the same department, therefore no dismissal took place.

The claim as presented for constructive dismissal cannot be upheld as no dismissal took place.

There are very sensitive matters associated with the case, including related to the complainant’s health and while these are not directly reviewed in the decision, I consider it necessary as an exceptional measure to anonymise this decision.

 From the oral and written submissions and evidence of the parties at the hearing it is not in dispute that the complainant remains an employee of the respondent and therefore the contract of employment remains in being.

I find that she did not resign, despite having made some effort to do so, and no termination of the employment occurred.

Therefore, the complaint is not well-founded.

While it is outside the scope of the complaint, but as the dispute over certain payments may have played a part in the complainant making this complaint to the WRC, clearly as she remains an employee, she has access to the respondent’s grievance procedure in respect of this, or any matters about which she has a grievance, should she choose to avail of it.

The respondent made it clear at the hearing that any such grievance would be processed in accordance with the terms of that procedure, including the time limits.

For the reason set out above, complaint CA-00055448-001 is not well-founded.

Unfair dismissal, no termination.