Case Number: ADJ-00019402. Workplace Relations Commission

Docket NumberADJ-00019402
Date11 December 2019
CourtWorkplace Relations Commission
PartiesA Cleaning Operator V A Services Company

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).


The Complainant submitted two claims to the WRC. One concerned a claim for Unfair Dismissal and the other an Industrial Relations claim for expenses concerning attendance at a medical.

Summary of Complainant’s Case:

The Complainant was employed from November 1st 2010 to December 21st 2018 as a Cleaning Operative.

In August 2017 he got sick after slipping on his foot a year before. His Doctor suggested he had to rest his leg as he had problems walking. He was certified sick for the period off work.

He was notified of a Doctor’s appointment organised by the Company in December 2018. He was in Poland at the time and he had notified the Company about this. He flew from Poland for the medical examination at his own expense involving flights, accommodation, travel costs etc. He submitted details of these costs to the Hearing amounting to 618.80 Euros. Some of these expense had receipts and some did not. When he arrived for the medical he was informed at the Medical practice that the appointment had been cancelled two weeks before. They had sent notice of a first medical to his Irish address and the Respondent had cancelled the second medical appointment. He received no correspondence of the cancellation. His sister had signed for the letter at his Irish address. The Respondent had his email and phone number and still did not contact him via these to advise him the appointment was cancelled. He received no notice of a risk of being dismissed. He got an award in 2017 for performance. He was never invited to any meeting to discuss the issue. He has not worked since December 2018. He has been on illness benefit since. He has lost trust in the Respondent and is not seeking reinstatement but compensation for unfair dismissal.

With regard to his dismissal he stated he had been sick since August 2017 and was in Poland for therapy. He submitted medical certificates all the time to the Respondent while out sick. He was asked several times...

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