Courts / Ireland / Report

'Egregious' letter told worker she'd owe money if WRC case was unsuccessful

Summary

In a decision published on 12 October 2023, the Workplace Relations Commission (WRC) found that a care service HR officer's letter to former employee Ann Doherty was "egregious" and "unfounded." The letter, sent on 27 October 2021 after Doherty's resignation, warned that if her discrimination claim was unsuccessful she would owe money to the employer. The WRC ruled that such a warning could not be relied upon and that the employer would never impose a financial liability on an unsuccessful complainant. The adjudicator, Marie Flynn, also rejected Doherty's constructive dismissal claim, stating it was not well founded. The decision noted that Doherty had previously been awarded €45,000 for a breach of the Employment Equality Act 1998 and that she had resigned before exhausting internal grievance procedures, a point defended by the employer's representative, Cáit Lynch of IBEC.

Who, what, where, when and why

What: Report matter: 'Egregious' letter told worker she'd owe money if WRC case was unsuccessful. Procedural stage: hearing_or_decision

When:

• June 2022 Other
• August 2020 Other
• October 2020 Hearing Or Sentence
• October 2021 Hearing Or Sentence
• 20 November Hearing Or Sentence
• 27 October 2021 Hearing Or Sentence
• 2023-10-12 Publication

Why: In separate proceedings under the Unfair Dismissals Act 1977, Ms Doherty said she had been forced to take sick leave when the pandemic hit because she had "no other option as the respondent did not provide a suitable working environment". CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report