Jones v Sisters of Charity of Jesus and Mary

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date01 Jun 2005
Judgment citation (vLex)[2005] 6 JIEC 0101

Employment Appeals Tribunal

Jones v Sisters of Charity of Jesus and Mary

Abstract:

EAT - Employment law - Rights commissioner ruling - Holiday entitlement - Resignation - Whether a case of constructive dismissal established

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:

CASE NO.

Rosaleen Jones, 18 College Hill, Mullingar, Co. Meath

UD971/2004

against the recommendation of the Rights Commissioner in the case of:

Sisters Of Charity Of Jesus And Mary, Monasterevin,

Co. Kildare

under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Mr E. Martin B.L.

Members:

Mr. J. O'Neil1

Mr B. Byrne

heard this appeal at Mullingar on 29th March 2005

Facts After completing her probationary period the claimant's job was made permanent. She raised issues with her manager and these were brought to the attention of the human resource manager where meetings were convened and minutes recorded. The claimant felt her issues were not adequately dealt with. There was confusion over the amount of annual holidays she was entitled to. Claimant felt isolated in the work environment and offered her resignation but later changed her mind but the respondent refused to take her back.

Held The claimant's issues were insufficient to justify a case of constructive dismissal and she had misunderstood the circumstances of her holiday entitlements.

1

The determination of the Tribunal was as follows:

2

This matter come before the Tribunal by way of an appeal from a Rights Commissioner's Recommendation of 6th July 2004 wherein it was found that the Claimant had not been constructively dismissed by the respondent.

3

The evidence before the Tribunal can be summarised as follows:

4

The claimant commenced employment with the respondent on the 10th June 2002 as a Staff Nurse at Lissadell Day Care Centre. She was given a Letter of Appointment which provided for a 12 month probationary period, her hours of duty, salary, sick leave and an annual leave entitlement of 27 days to be taken at times most convenient to the work location. In addition she was provided with; her General Conditions of Employment which among other matters again made reference to her Annual Leave entitlement, Her Job Description and a Staff Handbook which incorporated a Grievance Procedure which provided for representation from and including Stage 2 of same. The claimant duly...

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