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Unfair Dismissal

  • 09-07-2011 8:31pm
    #1
    Closed Accounts Posts: 2


    I have worked with the same company for 6 yrs. I have never gotten a warning, verbally or written.

    I have been out of work after having an operation on my arm for the last 5 months. My company didn't have a problem with this and I left my sick certs out to the office every week.

    I take pride in my work. My company have a track record of screwing people over.

    When I was out sick the company hired another person in to cover my sick leave.

    When I set up a meeting with my manager to arrange going back to work they told me there was a problem and cited bogus reasons with a job I completed 13months ago. I have never had any complaints about my work at all.

    They then proceeded and sacked me.

    Where do I go from here. There is no union in my company.


Comments

  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    I have worked with the same company for 6 yrs. I have never gotten a warning, verbally or written.

    I have been out of work after having an operation on my arm for the last 5 months. My company didn't have a problem with this and I left my sick certs out to the office every week.

    I take pride in my work. My company have a track record of screwing people over.

    When I was out sick the company hired another person in to cover my sick leave.

    When I set up a meeting with my manager to arrange going back to work they told me there was a problem and cited bogus reasons with a job I completed 13months ago. I have never had any complaints about my work at all.

    They then proceeded and sacked me.

    Where do I go from here. There is no union in my company.

    Employment Appeals Tribunal. They have a good website. Get a lawyer.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    3DataModem wrote: »
    Employment Appeals Tribunal. They have a good website. Get a lawyer.

    + 1 . On the basis of what you have said it would appear they have not followed '' fair procedure ''.


  • Registered Users, Registered Users 2 Posts: 207 ✭✭vikingdub


    Delancey wrote: »
    + 1 . On the basis of what you have said it would appear they have not followed '' fair procedure ''.

    Agree, it is all down to procedure, I would say that the vast majority of cases are lost by employers because they did not follow procedure.

    An employer may terminate an employee if the employer can prove that the employee lacks capacity to carry out the work and long term sick leave may be accepted as grounds for such a dismissal. However, the employer has to prove that all steps were taken to get the employee back to work in a reasonable manner. In a long term sick leave situation the employer should send the employee to a company appointed occupational health specialist in order to establish if / when the employee will be able to return to work or not as the case may be.


  • Closed Accounts Posts: 2 unfairlysacked


    Thank you all so much for the advice. I have thought long and hard about this and have decided to appeal. Afterall, I did nothing wrong. The only incident that happened was that I got injured and needed an operation. It does take time to heal after that, no matter where you work.


  • Closed Accounts Posts: 2,520 ✭✭✭allibastor


    i agree with the above posts.

    from an employment rights position the company has no legal right to dismiss you for a problem that happend 13 months ago if ther was communication with you over the alleged problem. all companies must keep the employee abreast of any problems with thier work and keep them informed of any consiquences which arise from said work. from your post i take it your company has never mentioned this to you before, correct me if i am wrong, and there for has not assosociated any work you have done with this specific problem. they have also not given you a fair redress procedure from the sounds of it, a forum for you to defend yourself.

    take them to court, you will win on the basis of unfair dismisal on the gorunds of medical reasons and the company will be named and shamed.

    thanks,


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  • Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    All dismissals are unfair - the employer must prove the fairness of the dismissal

    Go to the EAT website and look up some of the UD findings

    download the complaints form yourself and fill it in avoiding the option of going to the rights commissioner

    you need to decide whether you want compensation or reinstatement

    IMPORTANTLY

    you need to look up your contract or disciplinary procedure and submit an appeal against the dismissal, the grounds for appeal being lack of fair procedures, this is a hurdle that you must cross even though from what you post the outcome is pre determined

    check out this site
    http://www.unionconnect.ie/rights/8/


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