A cleaner was found to have been unfairly dismissed after her employer wrongly claimed she had verbally resigned during a brief phone call, without following fair procedures or obtaining written confirmation.

The Complainant worked as a cleaner for the Respondent from October 2008 until she discovered in January 2023 that her employment had been terminated (without her knowledge or formal notice). She stated she had been a committed employee, evident from performance bonuses and above-minimum wages. After maternity leave in 2021, she took a combination of unpaid leave, parent’s benefit, and accrued annual leave before falling ill with postpartum depression in March 2022. She consistently submitted medical certificates via email, with HR confirming receipt when needed. In mid-2022, she met with HR and the new Director of Nursing, who discussed a potential part-time return, but she was not well enough at the time. In early January 2024, ready to return, she contacted the employer repeatedly but received no response.  Later that month, she received an email from HR stating she was no longer employed with her P45 issued. She denied ever resigning and disputed the Respondent’s claim that a resignation occurred during a 38-second phone call. She claimed no such conversation took place. 

The Respondent stated that the Complainant had agreed to return to work on mid-March 2022 but failed to do so and later informed them that she remained unwell. The Respondent maintained that their absence policy, including timely submission of medical certificates had not been complied with, and stated that no certificates were received for several periods between December 2022 and March 2023. A meeting was held in June 2022 to discuss potential accommodations for her return. The Director of Nursing claimed she spoke with the Complainant by phone in January 2023 and understood from that call that the Complainant was resigning. The Respondent asserted this was a verbal resignation and proceeded to issue final payments and file cessation of employment with Revenue. They challenged the authenticity of some medical certs later provided and denied any dismissal occurred. The Respondent stated they had been supportive throughout, had no motive to dismiss a valued employee, and believed the Complainant’s complaints were out of time. They submitted phone records to support their claim of a conversation in January 2023, which the Complainant strongly denied.

The Adjudicating Officer found that the Complainant did not resign from her employment, as alleged by the Respondent. The Respondent relied on a 38-second phone call to assert a verbal resignation but presented no compelling evidence to support this. A follow-up email did not reference a resignation, and the Complainant convincingly denied the call ever took place. The evidence provided, including bank records for medical cert payments and continued communication attempts, supported the Complainant’s case. The Adjudicator concluded that the Complainant’s dismissal occurred without proper procedure, documentation, or adherence to fair process as required under S.I. 146/2000. The Complainant only became aware of her dismissal in January 2024 and submitted her claim within time. The complaint of unfair dismissal was upheld, and compensation of €5,280 was awarded.

Employers should ensure that any termination of employment is handled in full compliance with fair procedures. Verbal resignations should never be assumed or acted upon without written confirmation. Where a resignation is claimed, follow-up documentation from the employee should confirm intent, and the employer should clearly outline next steps in writing. Additionally, proper documentation and communication are crucial. Keep clear records of all correspondence, particularly in matters involving extended sick leave. If medical certificates are missing or disputed, raise the issue promptly with the employee and provide written requests or warnings where appropriate. Failure to follow internal procedures and employment law requirements, including S.I. 146/2000, may result in a finding of unfair dismissal, even where an employer believes they acted in good faith. 

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/may/adj-00050820.html