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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: AN EMPLOYER
(REPRESENTED BY PAT BARRISCALE B.L. INSTRUCTED BY BROWNE & MURPHY SOLICITORS) - AND - A WORKER DIVISION:
SUBJECT: 1. Appeal of Adjudication Officer Decision No(s) ADJ-00034937 CA-00046047-001 DECISION: Background This is an appeal by the Workers of an Adjudication Officer’s decision. The Adjudication Officer did not recommend concession of the Worker’s claim. Summary of Worker’s submission The Worker started work with this Employer in September 2018. The Employer was aware from prior to her commencing employment that she had health issues. On the 13th May 2019 she did not feel very well in work and asked to go home. The Employer was very supportive at that time, allowed her to go home, and advised her to contact her doctor. The Doctor certified her unfit for work and over the next few weeks she received text messages from her Employer asking how she was feeling. The Employer also rang her and asked when she would be returning to work which she felt he was not entitled to do, and she felt she was being pressurised into returning to work. In July 2019 the Employer contacted her about arranging a meeting to discuss holiday pay. The Worker submitted that at that meeting she was given two options either return to work or resign. In her submission to the Court, she stated that the Employer worded her resignation letter, and she signed it at that meeting. It was the Worker’s submission that she resigned under duress and that her Employer took advantage of her medical condition. Summary of Employer’s submission The Employer raised an issue in respect of the delay in the Worker submitting their claim noting that she alleges the employment terminated on the 13th June 2019 and her complaint to the WRC was not submitted until 8th September 2021. The Employer accepted that there is no statutory time limit but submitted she is obliged to submit her complaint in a timely manner. The Employer submitted that prior to the Worker commencing work he knew her, and he was aware of her health issues. The Employer disputed that the Worker was given an ultimatum or forced to resign her position. In support of this position the Employers representative drew the Courts attention to a number of WhatsApp messages contained in their appendices. The Employer accepts that there was a meeting on the 3th July to discuss holiday pay due to the Worker which was subsequently paid. The Worker informed the Employer that due to personal circumstances she was resigning her position. She was advised that if she was resigning, she would need to submit a letter of resignation which she undertook to do. On the 8th July 2019 the Employer sent a text message asking if there was any update. The worker responded that she would drop it down the next day the 9th July 2019 which she did. The Worker and the Employer after that date continued exchanging non work-related text messages up to the end of December 2019. Decision The Court having read and listened carefully to the submissions of the parties finds that the documents that were made available to the Court support the Employers version of events that the Worker tendered her resignation and handed in a letter to that effect a few days after the meeting of the 3rd of July 2019. There was nothing in the text messages between the parties in the period July to December 2019 that would suggest that the Worker had resigned under duress. The appeal fails. The Decision of the Adjudication officer is upheld. The Court so Decides.
NOTE Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary. |
