Worker who took 759 sick days appeals against her dismissal

An Irish Aviation Authority employee who had 759 sick days over a nine-year period was dismissed after missing a day’s work in February, a court has heard.

The authority, in a High Court affidavit, claimed that Shannon-based aviation officer Regina Wallace had an “unprecedented level of absenteeism”.

She sought an injunction preventing her being put on administrative leave pending an appeal against the decision to fire her.

Mr Justice Hogan, in granting the injunction to Ms Wallace, said he was doing so having regard to the special circumstances of the case.

Ms Wallace, it was stated, is employed at the aviation authority’s training centre at Ballycasey, Shannon.

In his judgment, Mr Justice Hogan said Ms Wallace’s employment had not been altogether without incident and she had found it necessary to make two complaints of bullying and harassment against two superior officers, one of which was upheld and another currently under investigation.

Human resources director Brendan Mulligan, in an affidavit, said the authority had been troubled by Ms Wallace’s “unprecedented level of absenteeism” and the written warnings she received regarding her attendance record.

Her allegedly unexplained absence from work on Feb 16, 2012, led to her dismissal, and a decision by her employer to put her on administrative leave, pending her appeal against dismissal.

In his ruling, Mr Justice Hogan said a disciplinary hearing was held on Apr 2 last to investigate Ms Wallace’s Feb 16 absence.

Present at that hearing was one of the people against whom Ms Wallace had made a bullying complaint.

An objection by Ms Wallace’s solicitor to the presence of this person was overruled.

The hearing culminated with Ms Wallace being informed she was being dismissed and had three weeks to appeal this decision.

An appeal was lodged and Mr Justice Hogan said the parties were confident it could be disposed of within weeks.

Pending the outcome of the appeal, the authority proposed placing Ms Wallace on administrative leave, with full pay.

Mr Justice Hogan said Ms Wallace objected to being put on administrative leave, claiming it was a breach of contract and she sought an interlocutory injunction to restrain the authority from taking this step.

Having regard to the very special circumstances of the case and other reasons outlined in the judgment, he granted the plaintiff an interlocutory injunction restraining the authority from placing her on administrative leave pending the outcome of her appeal against the dismissal decision of Apr 2.