Complainant

Respondent

Anonymised Parties

An Employee

An Employer

Representatives

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-00063213-001

30/04/2024

The Complainant alleges she was unfairly dismissed by her employer. The Respondent did not attend the hearing.

The Complainant took the affirmation and gave her evidence as follows:

The Complainant believes that the termination of her employment was unfair, harsh, misplaced and disproportion.

The Complainant lodge a complaint with the WRC in January 2023 pursuant to the Payment of Wages Act because the Respondent was only paying her partial amounts each week. On the 06.01.2023 after 12 weeks of part payments the Complainant told the Respondent that she could no longer continue to work when she was only getting part payments. The Complainant proposed that she would take a period of outstanding annual leave to allow the Respondent time to deal with the payment issues. The Respondent agreed that she could take her annual leave but unfortunately much later used it as an excuse to state that the Complainant had gone AWOL. That ended up being the reason for the termination.

On the 19.01 2023 she received a letter from the Respondent stating that she knew she was working as a call girl when she was supposed to me working her. The Complainant was horrified and deeply stressed about that.  She went to her doctor. Her doctor certified her sick. She remained on sick leave for eight months. She got certificates every month and she submitted them to the Respondent by email and Whatsapp.   The Respondent did not acknowledge receipt of them. She was certified fit to return to work in October 2023.  She contacted her on 28th October 2023 and stated that she was ready to come back to work. She emailed her twice. The second time she emailed her 02.11 2023 asking if she had received her email on 28.10.23 and seeking direction as to what she would like her to do in relation to her return to work She replied on the 03. 11.2022 stating that she was taking advice.  10.11.2023 the Respondent emailed her stating that her employment was terminated. The reason stated for the termination was that she had taken unauthorised holidays ten months previous to the termination. At no time had the Respondent informed her that she was undergoing an investigation in relation to her leave, and she was not asked for a statement or supporting documentation. If she had been asked, she would have been able to show her the sick certificates that she had already submitted monthly.  

The Complainant got another job two weeks after her employment was terminated. She is working parttime and she is earning € 276.00. The Respondent worked full time in the Respondent because it was one minute away from where she lived. Now her job is12km away.  She does not drive. She had to get the bus and/or taxi and/or a lift. Her son is only twelve, so she tries to work when her son is at school or at the weekends when her husband is around to mind him. He is not well and isn’t fit to mind him most of the time.

There was no appearance for or on behalf of the Respondent.

There was no appearance for or on behalf of the Respondent. Based on the information contained in the WRC file in relation to this matter I am satisfied that the Respondent was on notice of the date and time of the hearing and was sent the hearing link.

Based on the sexual nature of the allegation made by the Respondent about the Complainant, I have decided that this is an appropriate case to anonymise.

The Complainant’s uncontested evidence was that she was dismissed from her employment due to what the Respondent called “unauthorised leave”. The Complainant explained that prior to her sick leave she was having difficult getting paid by the Respondent. She suggested that she might take annual leave that was due to her to give the Respondent time to sort out her finances. Then on the 19.01.2023 she received very upsetting correspondence from the Respondent accusing her of distasteful things. The Complainant then went on certified sick leave for a period of eight months. She submitted her sick certificates monthly via email and whatsapp. The Respondent did not acknowledge receipt of them.  The Complainant was certified fit to return to work in October 2023. She contacted the Respondent on 28.10.2023 and stated that she was ready to come back to work. She emailed her twice. The second time she emailed was the 02.11 2023. She asked if she had received her email on 28.10.23 and sought direction as to what she would like her to do in relation to her return to work.  The Respondent replied on the 03. 11.2022 stating that she was taking advice.  On 10.11.2023 the Respondent emailed her stating that her employment was terminated. The reason stated for the termination was that she had taken unauthorised holidays ten months previous to the termination.

The Respondent had no communication with the Complainant whilst she was on sick leave despite her alleging in correspondence that she was unaware the complainant was on certified sick leave. It flies in the face of common sense that if she actually didn’t know the Complainant was on sick leave that she would not contact her to see why she wasn’t turning up for work at any stage over the period of eight months.  She did not carry out an investigation into the alleged unauthorised leave. She did not contact the Complainant about her sick certificates. She did not contact the Complainant to inform her that her job was at risk. It would seem, based on the evidence, that no procedures at all were followed.  It is on that basis that I find the Complaint is well founded.

The Complainant found a job two weeks later and is working part-time earning €276.00. It is 12km from her home and she doesn’t drive. She either gets a taxi or bus or a lift from someone to get to and from her work now.  That is an additional expense she didn’t have before.

In all of the circumstances and taking the Complainant’s personal difficulties into account I find that compensation is the most appropriate remedy.  I am awarding the Complainant €3,000.00.

The Complainant had to file a complaint with the WRC about her WRC wages and that complaint was successful however the Respondent has still not paid the award to her. The Respondent did not appear for that hearing either.

The complaint is successful. I award the Complainant €3,000.00

Dismissal, Unauthorised leave, Sick certificates, Investigations Disciplinary procedures.