A man who was undergoing cancer treatment was offered €4,000 in ‘sham’ redundancy, according to recent ruling by the Workplace Relations Commission (WRC). This case has brought to light the issue of discrimination towards individuals undergoing medical treatment and illustrates how some employers may resort to dishonest methods to get rid of employees who require time off for medical reasons. The WRC decision highlights the crucial need for companies to adhere to employment law and treat employees, regardless of their health status, with utmost fairness and respect.
A construction company subjected a quantity surveyor undergoing cancer treatment to a “sham” redundancy process. The Workplace Relations Commission ruled in favor of the surveyor, awarding him €18,000 for unfair dismissal. Adjudication officer Brian Dalton found that the employer artificially created a disciplinary process to justify firing the worker in March 2020. The company offered the surveyor a meager €4,000 redundancy payment, but Dalton deemed this as a “Hobson’s choice” and a fraction of his entitled payment. The surveyor was dismissed for gross misconduct for not providing medical certificates or communicating with the company. He claimed that before his dismissal, his employer had made it challenging for him to continue working by diminishing his employment terms and conditions. The employer argued that the worker had requested redundancy and that it was fair to sanction him for failing to inform the company of his return to work. However, Dalton deemed the surveyor’s account more credible and characterized the disciplinary process as a “sham.”
In conclusion, the recent ruling by the Workplace Relations Commission against a company offering a cancer-stricken employee a “sham” redundancy package has shed light on the unethical practices that still pervade some workplaces. It is heartening to see that the WRC has taken a firm stance against such discrimination and has ensured that justice was served. While we celebrate this victory, we must also continue to advocate for fair treatment of individuals undergoing medical treatment or facing other personal difficulties. Only then can we truly create a workplace that is truly equitable for all.
