O’Brien v Pickerings Lifts Ltd

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 30 June 1999
• Judgment citation (vLex): [1999] 6 JIEC 3003
• Date: 30 June 1999

Employment Appeals Tribunal

O'Brien v Pickerings Lifts Ltd

Abstract:

Unfair dismissal - Probation period extended - Written warning - Sick leave - Proper procedures

The claimant worked for the respondent company for almost two years before his dismissal. The respondents stated that they were not happy with his attitude, took annual leave at short notice, bypassed line management and didn't apply himself satisfactorily to training courses he had signed up for. Following the claimant taking an additional day's leave the respondents issued him with a formal written warning and informed him that they were extending his probation period by three months. There then followed an industrial dispute. The claimant reported for work the day after the national strike commenced but felt ill and went home. He sent in open-ended medical certificates. The respondents then informed the claimant that he was dismissed. The claimant said he suffered from panic attacks and believed the respondents were aware of this. He contested his work allegations and claimed that he reached his targets. He hadn't been informed that his medical certificates were not acceptable and had intended to make sure that he wouldn't get a second written warning...