Meditec Medical Ltd (Represented by Partner Solicitors) v Mr Mariusz Karpiej (Represented by RM Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 08 December 2022
• Judgment citation (vLex): [2022] 12 JIEC 0801
• Docket Number: FULL RECOMMENDATION ADJ-00027539 CA-00035084-001 DETERMINATION NO. UDD2270 SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015
• Court: Labour Court (Ireland)

PARTIES:

Meditec Medical Limited (Represented by Partner Solicitors)

and

Mr Mariusz Karpiej (Represented by RM Solicitors)

FULL RECOMMENDATION

UD/22/45

ADJ-00027539 CA-00035084-001

DETERMINATION NO. UDD2270

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

Full Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr O'Brien

Worker Member: Mr Bell

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No(s)AADJ-00027539 CA-00035084-001

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 27 March 2022 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 22 November 2022. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal by Mr Mauriusz Karpiej (the Complainant) against Adjudication Officer's Decision ADJ-00027539 given under the Unfair Dismissals Acts 1977 to 2015 (the Act's) in a claim against his previous employer Meditec Medical Limited (the Respondent) that he was unfairly dismissed. The Adjudication Officer held that his complaint of unfair dismissal was not well founded.

Background

4 The Complainant commenced employment with the Respondent on the 5 ^th June 2018 and his contract describes his role as a Warehouse technician. This role involved working in the warehouse and or on the client's premises. The Complainant had a van which he drove for work purposes. In August 2019 the Complainant sustained an injury to his leg and was off work on sick leave. He returned to work on 17 ^th October 2019. In the intervening period he had lost his driving licence. The Respondent offered him two/ three days' work a week based on the fact that he could no longer drive. It is the Complainant's submission that he was dismissed on the 17 ^th October 2019. The Respondent disputes that and states that the Complainant resigned his position at a meeting on that date. The representative for the Complainant confirmed to the Court that the Complainant was not claiming constructive dismissal.

5 As dismissal is in dispute it is for the Complainant to establish that a dismissal occurred.

Summary of Complainant's submission and evidence

6 Mr Mc Kay representative for the Complainant submitted that the Complainant was a good employee. His role involved servicing equipment on site and he also spent time on the road maintaining the company's products on client sites. The Complainant injured his leg and was out on sick leave from the 7 ^th August 2019, returning to work on the 17 ^th October 2019 having received a certificate of fitness to resume. The certificate stated that he should only engage in light duties for a period of four weeks. The Respondent submitted that shortly before returning to his employment he informed his employer that in the period between the accident and his return to work his driver's licence was suspended for a period of one year.

7 When the Complainant returned to the work on the 17 ^th October 2019 he was informed that as his driving licence was suspended the Respondent would only provide him with two days of work per week for the foreseeable future. The Complainant informed the Respondent that he believed he was contractually entitled to five days work and that that he wanted fulltime work and fulltime pay. The Respondent indicated that they did not have full-time work for him. The Complainant got annoyed when he heard this and left the meeting. He believed that his refusal to accept a part-time position meant that his employment had been terminated.

8 The Complainant in his evidence in chief stated that he was originally employed to work in the warehouse but after a while was moved to driving duties. He stated that he spent approximately 80% of his time on the road. When he broke his leg, it was in a cast so he could not drive and was out of work for about eight weeks. He confirmed to the Court that he had lost his license in September 2019 for about a year, but he was not sure of exactly when he lost it or when he got it back.

9 On the 15 ^th October he reported back to work but was advised that he needed to get a medical certificate from his GP confirming that he was fit to resume work. The Complainant did not have the finances to attend his doctor for that purpose, so the Respondent lent him the money to cover the cost of getting the medical certificate. At the meeting on the 15 ^th October it was his evidence that he told Mr Callaghan that he had lost his driving licence. He also stated that Mr O ‘Sullivan was not present at that meeting.

10 On the 17 ^th October he had a meeting with Mr Sullivan and Mr...