The Complainant was employed by the Respondent from January 1994 until May 2019. The Complainant’s employment was terminated by the Respondent because of the Complainant’s “medical incapability”. The Complainant went on certified sick leave in January 2018. While on certified sick leave, the Complainant complied with all requests to attend medical assessment appointments and continued to hand in his medical certificates.

On the 8th of April 2019 the Complainant received a letter from the Respondent which highlighted their concern of the Complainant’s position and that they would not be able to hold the Complainant’s position indefinitely. Subsequently, a meeting was arranged with the Complainant and the Respondent to discuss the proposed termination of employment on grounds of medical capacity.  It was explained to the Complainant that at this juncture a business decision had to be made and unfortunately, they had no other option but to release him from his role. It was explained to the Complainant that the decision to release him from his role was based on the information in front of them at that time. The Complainant was not informed of his right of appeal at this meeting.

The Respondent argued that the decision of the company to dismiss the Complainant was difficult, however, taking all the factors into account the Respondent was left with no alternative but to terminate the Complainant’s employment on the grounds of incapability. The Respondent maintained that they had conducted a fair process and was open minded in their approach to the Complainant. The Respondent also noted that the Complainant had an otherwise excellent employment record with the Respondent. The claimant had sought by email dated May 3rd, 2019 information in relation to what alternative roles was he considered for. Although a reply was received to that email by the claimant it failed to address critical requests and questions raised.

The Adjudicating Officer found from the evidence presented that the respondent did not appear to give proper consideration to all the facts,  including a phased reintroduction to work,  but instead focused on the negative aspects of the medical reports.  As a result the Adjudicating Officer ultimately found that that the Complainant was Unfairly Dismissed and ordered the Respondent to pay €8,000 in compensation to the Complainant.
https://www.workplacerelations.ie/en/cases/2020/april/adj-00023301.html