A FORMER employee of book retailer Eason, who was fired after a car crash left her unable to perform her duties, has been awarded €15,000 by the Employment Appeals Tribunal.
On June 1st, 2008, Sandra Murphy had been travelling in a taxi when another taxi crashed into the back of her vehicle
The following day, when Ms Murphy began to suffer back pains, she consulted her GP who gave her a medical certificate. She then presented this certificate to her managers at the Eason warehouse where she worked as a general operative and was told she could take sick leave. She received two weeks’ sick leave with pay.
When she continued to suffer back pain, Ms Murphy remained absent from work. During this subsequent period she was in receipt of a disability payment.
The situation continued unchanged for 12 months until, on June 8th, 2009, Ms Murphy received a letter from the company’s personnel manager requesting her presence at a meeting.
At the meeting, Ms Murphy was asked if she was fit enough to return to work. She told the manager she was unfit to resume duties and that she did not know when she would be able to return.
Ms Murphy asked if she could be kept on in a role with lighter duties, suggesting redeployment to one of the retailer’s shops. However she was informed that there were no such positions available.
Giving evidence before the tribunal, the company’s general logistics manager said it was Eason’s policy to dismiss staff who were out sick for more than 12 months.
The tribunal awarded Ms Murphy a sum of €15,000 in compensation for unfair dismissal.