Complainant

Respondent

Anonymised Parties

An Employee

An Employer

Representatives

Self-represented 

Susan Heather, HR Consultant

Act

Dispute Reference No.

Date of Receipt

Dispute seeking adjudication by the Workplace Relations Commission pursuant to section 13 of the Industrial Relations Act

CA-00050891

27/05/2022

The worker said that she was here because of the different acts of harassment during her sick leave. The general manager sent her messages during the sick leave. Her doctor told her not to be in contact with him and recommended that she do not go to any meeting. This was in May and June 2022. Her employment ended on the 19th July when she was dismissed.

In reply to the employer, the worker outlined that she never said that she wanted to damage the company. She never said that he could contact her when she was on sick leave. She did not answer the calls or respond to the emails. She learned that the employer had told a colleague about her sick leave as this colleague was also on sick leave. The worker’s sick leave should have been confidential. 

The worker said that the employer stated it was worried about her welfare, but he also contacted the other colleague. She said that the occupational health appointment was with an occupational health provider who are for the employers. She told the employer that she did not want to meet the general manager as she did not feel safe meeting him.

The claimant was employed as a customer service agent from the 19th May 2021 and dismissed for gross misconduct on the 19th July 2022. The worker did not notify the employer of any incidents of bullying. The employer denied any wrongdoing. The worker did not invoke the robust internal procedures and she was invited to use the procedures. The employer nominated an independent HR body and she declined to submit a complaint. The worker’s first complaint was the WRC complaint. The worker had 21 days of absence prior to the sick leave. The worker was referred to occupational health which she did not attend on the 7th June. This cost the employer €300. The worker had exhausted the sick pay entitlement of 25 days and moved to unpaid sick pay.

On her return, the worker deleted thousands of critical files leading to her dismissal. The worker accepted that her intention was to damage the company. The worker was sent the employee handbook to make a formal complaint and she raised an issue of harassment. The general manager had contacted the worker to check on her welfare and to remind her of the upcoming occupational health assessment. The employer said that the worker had a proven track record of seeking to cause damage to the company. The employer had proposed to the worker for her to make an internal complaint to be assessed by an independent person. The worker just did not show up for the occupational health appointment. The employer said that everyone was treated fairly.

This is a dispute pursuant to section 13 of the Industrial Relations Act. The task is whether a recommendation should issue on the merits of the dispute. This includes whether procedures were complied with and whether there was fairness.

I find that the worker was treated fairly throughout her employment. She did not avail of the internal processes. The general manager enquired as to her health on sick leave; there was nothing untoward with this. The worker was referred to occupational health, which she did not attend. The worker was informed of the procedure to engage with regarding the allegation of harassment. The worker did not avail of this process. The worker was dismissed fairly following the IT issue.

For the reasons set out above I do not recommend in favour of the worker in respect of this dispute.

For the reasons set out above I do not recommend in favour of the worker in respect of this dispute.

Industrial Relations Act