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21-10-2011, 18:06   #1
AlanF
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Is there a case to answer?

I was a member of the PDF. I served for twelve (12) years. After five (5) years I was involved in an accident outside of my place of work and did not return to work for 9 months. Six (6) years later I was interviewed by the Command Medical Officer and told that seeing as I was due to expend my contract I would be required to stand before a Medical Review Board to see whether or not I was fit to continue in the service, when I asked him what my chances were of being allowed to stay in the service so that I could continue my service he said that I had no chance, when I questioned him as to how he knew this he told me that he was to head up this board review so I was condemned before I was even brought before the medical review board. I was also allowed to previously renew my contract twice following my accident and worked without any sick days or time off work caused by my injuries once I returned to work although I was not able following an assessment by the Command Medical Officer to carry out certain tasks normally associated with the PDF.

I had always intended to continue my service as I was a career service man. I had only 9 years to go to qualify for a pension, but I was young and naïve, as well as being told by a senior officer that I would be discharged on medical grounds from the PDF which could jeopardise my future chances of working if I did not leave of my own accord. I am sure that this was wrong and would/could be construed as bullying tactics to get me to leave, but I do not know for sure.

So I left the service, but on reflection I know now that I should not have allowed myself to be threatened by this person and fought.
So my question for anyone out there that is qualified in employment law to let me know whether or not I would have a case against my then employer.
Please I do not want opinions, I already have had am opinion from someone who has said that I may have a case to be answered.

So my question is simply, do I have a case based on what is above?
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21-10-2011, 18:18   #2
MagicSean
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It may constitute constructive dismissal but you should really discuss it with a solicitor.
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22-10-2011, 13:12   #3
McCrack
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You really need to speak with a solicitor, there are strict time limits under employment legislation that you must adhere to, you might be out of time depending of course when you resigned.

It's really not advisable getting into it all here on a public forum.
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22-10-2011, 16:11   #4
Milk & Honey
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http://www.courts.ie/judgments.nsf/6...1?OpenDocument

Have a look at this case.
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