The details as supplied have been forwarded to the relevant Inspector of the National Employment Rights Authority (NERA) for investigation in relation to wages stated to be unpaid since 2010. If an employee believes that he or she has been constructively dismissed within the meaning of the Unfair Dismissals Acts it is for the Rights Commissioners Service and/or the Employment Appeals Tribunal to adjudicate upon the matter in circumstances where a complaint has been made by an employee or their representative. The relevant form for the referral of a complaint under the Unfair Dismissals Acts can be found on the Workplace Relations website at www.workplacerelations.ie. Complaints can be completed and submitted on-line.
Written notice of a complaint under the Unfair Dismissals Act must be made within six months of the date of the alleged dismissal which may be extended by a further six months if the Rights Commissioner or the Employment Appeals Tribunal is satisfied that the failure to present the complaint within the normal six month period was due to reasonable cause.
There is no statutory requirement for an employer to pay an employee while on sick leave. However conditions in relation to payment while on sick leave may have been agreed under a contract of employment. I am not in a position to comment on possible causes of illness.