Latest in Employment Law>Case Law>Orr V Celbridge Taverns Limited (In Receivership) & Alladdin Associates Limited [2015]
Orr V Celbridge Taverns Limited (In Receivership) & Alladdin Associates Limited [2015]
Published on: 29/05/2015
Issues Covered: Absence & Sickness
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Background

The claimant was a chef. He split up with his long-term partner and had some child caring problems. He used annual leave and then sickness absence to deal with this. At some point he had sent a text to a manager in which he was “thinking about ending it all”. The claimant said it was his ex-partner who had sent this text. Nonetheless, the company doctor referred the claimant to a psychiatrist and the firm insisted on receiving a psychiatrist's report before allowing him back to work. He felt this was unreasonable and claimed constructive dismissal.  

The EAT found against the claimant. Not only was the employer's request reasonable in the circumstances, the claimant had failed to raise a grievance about the requirement and didn't give the employer an opportunity to deal with it. 
http://www.workplacerelations.ie/en/Cases/2015/April/UD1438_2013.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 29/05/2015