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Dismissal v Resignation

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  • 26-01-2010 3:01pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I currently work in the public sector and have been off the last year due to depression (due to being bullied in the workplace). My own doctor has certified me fit for work, and the social welfare's doctor has certified me fit for work, however the doctor over the area I work in will not let me return to work. I have recieved word now that I am being dismissed as I am still in my probationary period and deemed unfit for the job due to this condition. Due to the fact the social welfare has deemed me fit for work, I have recieved no benifits at all for the past 5 months. I have a solicitor engaged and am still waiting on another medical report, but this dismissal is going ahead.

    I was just seeking people's opinions here on if they think it would be better for me to resign or accept the dismissal. I would just be concerned on which action would have worse affect on employment in the future.


Comments

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    #2
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    It would obviously look better if you resigned. You could tell a future employer that you resigned due to illness (it's not a lie, after all).


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    #3
    Olduvai
    Closed Accounts Posts: 47 ✭Olduvai


    Your own doctor is saying that you are "fit for work". As a side issue, the social welfare doctor has also corroborated this.

    My advice is do not resign. You dont want to resign. Let the employer terminate the employment. If you choose to bring a case to tribunal, if you are sacked the employer will have to present and make their case first, not you. It puts you in a stronger position.

    If you have a condition the employer should make reasonable accomodation of your needs. It seems to me that you could have a case of unfair dismissal and employment equality. You solicitor should be advise you on that.


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    #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Probation period means that they can let the OP go with out referring to the medical reason with out blinking.


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    #5
    Sleepy
    Registered Users Posts: 24,249 ✭✭✭✭Sleepy


    How long is the probationary period?

    If it's the usual 6 months, I'm struggling to see how your allegation of workplace bullying could be valid if it was sustained for less than 6 months but required a year off?!


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    #6
    JDxtra
    Registered Users Posts: 5,908 ✭✭✭JDxtra


    Nody wrote: »
    Probation period means that they can let the OP go with out referring to the medical reason with out blinking.

    Agree. I know this is certainly true in typical private sector companies. If they dont want you they can just say bye bye without giving any reason at all. Usually with a short notice period (1 week?).


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