The EAT dismisses a claim for unfair dismissal by a supermarket sales assistant who had failed to engage with the employer and who effectively dismisses himself.
Sales assistant in supermarket-accident at work-sick leave-claimant failed to respond to letters-company tried to assist coming back to work-claimant went to UK for treatment-company failed to follow it’s own disciplinary procedure-not fatal as claimant did not respond to correspondence-claimant could not hold company accountable for failing to receive letters-claimant left messages with other employees-not sufficient-claimant should have written to personnel manager-Tribunal expects employer to behave reasonably-also expects employee to do likewise-employer acted as a reasonable employer-claimant frustrated his contract by failing to engage-claims under Unfair Dismissals Act and Minimum Notice and Terms of Employments Acts fail.
Decision published: 8th November, 2012
For claimant: Mr Oisin Clarke BL instructed by Ms Megan Shannon, Paul W Tracey solicitors
For respondent: Mr. David Farrell, IBEC