Flynn v Condron Concrete Ltd

• Jurisdiction: Ireland
• Judgment Date: 09 April 1998
• Judgment citation (vLex): [1998] 4 JIEC 0901
• Date: 09 April 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Flynn v Condron Concrete Ltd.

Abstract:

Dismissal - Back problems predating employment - Letter undertaking not to sue company for back - Unfair Dismissals Acts 1977 to 1993 - Minimum Notice and Terms of Employment Acts 1993 to 1991.

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD877/97 MN1641/97

CLAIM(S) OF':

Noel Flynn, Coolacrease, Cadamstown, Birr, Co Offaly

against

Condron Concrete Limited, Arden, Tullamore, Co Offaly under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 1991 UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Mr. P. O'Leary B L

Members:

Mr P. McKecwn

Mr M. Hayes

heard this claim at Tullamore on 7th April 1998

Claimant employed from September 1989 to September 1997. From mid-December 1996 to early March 1997 he was on sick leave due to back problems. His doctor's certificate confirmed his back ailment. The company requested that he saw the company doctor who said the claimant had back problems since his early twenties and that the condition would deteriorate. The company requested the claimant to sign a letter stating he would not bring a claim against the company. The claimant refused and wished to get legal advice. Pressure on the claimant to sign the letter. Claimant refused and believed he was dismissed. Respondent disputed dismissal.

The Tribunal determined, in all the circumstances, that the claimant had been dismissed and it was unlawful dismissal. Reinstatement was the appropriate remedy and was so ordered.

The determination of the Tribunal was as follows:-

1 It was agreed by both parties that dismissal is in dispute.

Claimants Case:

2 The claimant in evidence told the Tribunal that he commenced employment on ‘11th September 1989 and was dismissed on 5th September, 1997. From mid December 1996 to 1st. week of Mar .h 1997 he was absent on sick leave because of back problems.

3 The Tribunal heard that Mr. Oliver Whelan Accountant asked him to sign a letter which referred back to medical reports from the company doctor. The letter was originally drafted by Mr. Whelan on 20th August 1997. Having received the initial letter he contacted his solicitor and certain amendments were suggested. He was not happy with the contents of the letter. He told the Tribunal he would be happy to sign the letter ; with amendments.

4 On 5th September 1997 he was summoned to Mr. Whelan's office. He was given...