A man working from home on medical advice was unfairly dismissed, the WRC has ruled. Photograph: Alan BetsonA worker who began operating from home on doctor’s orders when Covid-19 hit but was ordered to turn in his laptop, phone and company car when he complained about a pay cut has been awarded over €41,000 for unfair dismissal.
But in a decision published on Tuesday, the Workplace Relations Commission ruled the pay deductions were unlawful and upheld Mr Waters’ complaints against the company under the Unfair Dismissals Act and the Payment of Wages Act.Mr Waters told the WRC that, when the Covid-19 pandemic reached Ireland, he asked his GP whether he should continue to take an immune-suppressant medication for a medical condition.
In an email exchange with his company directors Alan Kelly and Vincent Geraghty, copies of which were submitted as evidence to the WRC, he wrote that he believed the pay packet he was getting was equivalent to being paid for just seven hours’ work in the week. Sean Costello Solicitors, for Mr Waters, submitted that their client was only “expressing his upset” at the company’s conduct and could “in no way be construed as amounting to a resignation”.
In his decision, adjudicating officer Jim Dolan wrote that the company “could have and should have” held a meeting with Mr Waters to try to resolve any differences between them.