A Dunnes Stores employee who was sacked after returning from a period of certified sick leave has been awarded €1,000 in compensation by the Labour Court.
The court has urged the company to ensure that in future its employees are made fully aware of their situation at all stages of disciplinary procedures.
The female worker, who is not named in the court's recommendation, was absent from work on certified sick leave for a week last May. She was subsequently called to what she believed was a "back- to-work interview" by the company's human resources department.
At this meeting she was dismissed on the basis that she had had excessive sick leave while on probation.
She referred a case to the Labour Court and agreed to be bound by its recommendation. Dunnes Stores declined an invitation to attend a hearing, but outlined its position in a letter.
The worker told the court that at no time was she given a written warning in relation to her absences on sick leave.
The meeting at which she was dismissed was supposedly a "back-to-work interview", held for employees returning from a period of sick leave. She had been unaware that her position in the company was in jeopardy as a result of her illness.
In its letter to the court, the company said the worker had had excessive sick leave, and was dismissed in accordance with its disciplinary procedures.
The court said it was not satisfied that fair and transparent procedures had been followed, or that the worker had been made aware her employment was in jeopardy.
"Accordingly, the court finds that she was not fairly dismissed and awards the claimant compensation of €1,000."
