Worker

Employer

Anonymised Parties

Employee

Employer

Representatives

Sarah Camargo Peninsula Business Services Ireland

Act

Dispute Reference No.

Date of Receipt

S13 of the Industrial Relations Act 1969

CA-00055134

16/12/23

The Worker was employed from 3rd October 2022 until 3rd February 2023 as an Accounts Assistant.

The Worker complains about her treatment in the workplace. She was dismissed while on sick-leave although she had submitted sick-certificates to the company. She asked for help with the accounts, but it was not given. A new person was employed to assist, but she left. The Worker was blamed.  There was far too much work to do as nobody had been in the role for a long-time.

She was stressed and depressed by her treatment at work by a manager. The manager’s behaviour was unacceptable. He was angry all the time, he was aggressive and shouting. He threw a pencil on the table. She started to cry. She was not given a contract of employment.

She began to have panic attacks. She emailed the company to say she was going to see a doctor and she was going to resign. She did not want to meet the company to discuss. She went on sick-leave on 20th January 2023 and complained about her treatment. She submitted a certificate until 6 February and another one until 20th February 2023. She asked for her employment to be terminated on 21st February 2023 as she was sick. The Revenue certificate shows her employment was terminated by the company on 3rd February 2023.

She was not paid sick-pay due by the company. She has a separate claim for pay and other issues ongoing. Her employment was terminated unfairly, without any warning while she was on sick-leave.

The Employer notified the Workplace Relations Commission that they were not going to engage with the investigation. The Employer said it had not been provided with a form to object to the Workplace Relations Commission hearing the dispute.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Worker’s complaint was received by the Workplace Relations Commission on 16th February 2023. The Respondent was notified of the Worker’s complaint by letter dated 6th March 2023 and notified of their right under Section 36(1) of the Industrial Relations Act 1990, to object to an investigation of the dispute by an Adjudication Officer within21 days. The Respondent was informed that failure to reply within the period specified will be regarded as consent to an investigation by an Adjudication Officer under Section 13 of the Industrial Relations Act 1969, and the dispute proceeded to hearing.

I am satisfied that no objection to the investigation of this dispute by an Adjudication Officer was received by the Workplace Relations Commission from the Employer.

The Respondent is not engaging with my investigation of the dispute. The Worker was employed as an accounts assistant on 3rd October 2022. She was not provided with a contract of employment, a grievance or disciplinary procedure. The Worker says she requested support for her work from her Manager, at first which was not forthcoming. She has made other complaints regarding the behaviour of the Manager and said she could not continue in the role due to his actions.

There is no engagement from the Respondent or Manager on the complaints. The Worker went on  sick-leave from 19th January 2023 until 20th February 2023 and provided sick-certificates. She notified the company of her complaints by email on 20th January 2023. She was not prepared to meet the company to discuss the issues. There is no evidence of any investigation into the complaint, or any written response from the company in relation to the complaints in accordance with SI 146 of 2000 Industrial Relations Act 1990 (Code of practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000. The Worker was on certified sick-leave for almost two weeks when her employment was terminated without notice or explanation.

The Complainant was unfairly dismissed. She was out of work for one month, and obtained less remunerative employment on 20th March 2023. I recommend payment of four weeks financial loss incurred of 2,307.20 euro and a further 3,000 euro total 5,307.20 to compensate the Worker for her loss of earnings.

Unfair dismissal, dismissal on sick-leave