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Unfair Dismissal

Boss who told woman being sick was 'no problem' and fired her a week later ordered to pay her €10,000

The company in question did not appear at the Labour Court hearing regarding the woman’s complaint.

shutterstock_1073153510 Shutterstock / Blackbourne Shutterstock / Blackbourne / Blackbourne

A WOMAN WHO called in sick for four days in one week was informed by her manager that her illness was no problem, before she was promptly sacked on returning to work.

The woman took her case of alleged unfair treatment to the Labour Court. The employment in question saw her leave one job where she had been effectively permanent in order to join the second company, a specialised recruitment consultancy.

One Monday, the woman contacted her new employers by both phone and email to inform them of her absence due to illness.

She subsequently informed them of how she was feeling for a further three days that she was absent.

‘No problem’

On the Thursday, her employer informed her that there was “no problem, hope you feel better and see you on Monday”.

Seven days later, she was summarily dismissed for a “lack of contact during her absence from work due to illness”.

In taking her case to the Labour Court, the woman contended that she had not been subject to probation, and that no performance-related or other issues had been raised during her period with the company.

She said that her treatment at the hands of the company had caused her ‘severe trauma’, that the company’s contention that she had not informed them of her illness wasn’t true, and that, regardless, no severance procedure had been adhered to in her dismissal.

The company did not represent itself at the hearing, while the court was satisfied that it had been adequately notified that such a hearing was to take place. As a result the court accepted the woman’s uncontested version of events.

The court concluded that the woman had been unfairly dismissed, and recommended a compensation payout of €10,000.

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