Whelan v Spring Grove Services (Ireland) Ltd

• Jurisdiction: Ireland
• Judgment Date: 04 December 1998
• Judgment citation (vLex): [1998] 12 JIEC 0401
• Date: 04 December 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Whelan v Spring Grove Services (Ireland) Ltd

The claimant had a good attendance record for the first two years of her employment but then her record deterorated resulting in several verbal warnings. The claimant claimed that she had hurt her back while at work and requested being removed to another machine, this was not possible as all the machines were much the same. Later that month the claimant, apart for a two day period the claimant was absent for 14 months. At the respondents request she attended medical specialists and she attended her GP and provided medical certificates regularly. Based on the information of the specialists the respondents formed the opinion that the claimant exaggerated her injury. They challenged the claimant who declined to give them a date for her return to work. On this basis they deemed for employment frustrated and dismissed...