Former Dundalk Simon Community worker remains an employee

A former worker with Dundalk Simon Community remains an employee, although he has not worked there since 2008, the Employment Appeals Tribunal has been told.

Joseph Shields is claiming he was unfairly dismissed after he suffered personal injuries in a traffic accident which took place in February 2008.

Counsel for Mr Shields, James Doran BL, said his client was off work for about five months and was advised by his doctors to return to work on a phased basis.

But he said Mr Shields was rostered to work seven, 12-hour shifts over nine days at his job in a “wet hostel”. A wet hostel is where those staying are allowed to drink alcohol.

Mr Shields found he was not up to the strenuous rostering and went on certified sick leave again.

Phased return

Mr Doran said the employer’s doctors had concurred with Mr Shields’ medical team that a phased return to work was the best method and also the most appropriate option.

The tribunal heard there had been some attempts to redeploy Mr Shields to work which included locating at a dry hostel and less pay.

However, ultimately, Mr Shields received a letter from Dundalk Simon and an RP50 form advising him he was being made redundant, his counsel said.

However, at the opening of the employment appeals hearing counsel for Dundalk Simon, Aaron Shearer BL claimed Mr Shields had not been dismissed.

The tribunal chairman noted that if it emerged as fact that Mr Shields was not dismissed, Dundalk Simon had no case to answer.

Mr Shearer said Mr Shields had not engaged with the redundancy process and it had never been competed. He said that “nothing had happened” to Mr Shields’ status as an employee and Mr Shields remained an unpaid employee of Dundalk Simon.

Mr Shearer said Mr Shields had been given a P45 “for payroll reasons” in December 2008. But this did not represent a dismissal.

The case was adjourned until February 23rd.