Latest in Employment Law>Case Law>Employee v Employer [2013]
Employee v Employer [2013]
Published on: 10/01/2014
Issues Covered: Dismissal
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Background

The claimant and her husband in this case worked for a medical device manufacturer. The claimant's husband suffered an injury at work and was paid full pay for over a year whilst off sick. When the sick pay was removed, the claimant asked for a change of shift so she could drive her husband to work and they could work the same shift.

In order to undertake the new duties the employer required that the claimant re-train. She refused to do so, was granted a cooling off period, took a grievance and was dismissed after many months. The EAT believed her refusal was linked to the withdrawal of her husband's sick pay, which she felt was unreasonable, but that did not justify her refusal to carry out duties:

"The Tribunal is satisfied that while the claimant was entitled to raise a grievance under the Company’s Grievance Procedures she was not entitled to withdraw her Labour or refuse to carry out certain duties while her grievance was being considered. This was not legitimate manner of protest."
http://www.workplacerelations.ie/en/Cases/2013/December/UD1304_2012.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 10/01/2014
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