The WRC found a site manager’s constructive dismissal complaint not well founded but ordered a cleaning company to pay her €1,092 for unpaid annual leave. The decision was dated 25 January 2017.
The worker said she was prevented from returning to her hospital post after sick leave and faced difficulties in a later role. The company relied on a contractual mobility clause and said it offered alternative work and mediation. The WRC found shortcomings in the company’s management of her absences and said removing her from the payroll in September 2012 was unreasonable. It nevertheless found she left without exhausting available ways to resolve the dispute.
The WRC found the €5,737.23 unpaid-wages complaint was brought outside the time limit and was not well founded; the merits were not decided. It rejected her €6,684 notice claim because no dismissal occurred. Her equality complaint was withdrawn, and her redundancy complaint failed because her position still existed. The WRC ordered €1,092 net for accrued annual leave.