This case involved an appeal against a Rights Commissioner's findings. 

The claimant was a teacher. She alleged that she was penalised by the Respondent, contrary to s.27 of the Act, by being referred to a psychiatrist for assessment, being prevented from undertaking her teaching duties and in being removed from the Respondent’s payroll.

The Claimant was certified as unfit for work by a consultant psychiatrist in respect of a series of extensive absences over four academic years, although the certificates issued did not specify the nature of the Claimant’s illness.

She was directed by the Respondent's CEO to attend another specialist occupational physician for assessment. Instead, the Claimant submitted a medical certificate to the Respondent stating that she was fit to return to work. She was reminded that she needed to attend the Occ Health specialist, who, in turn, recommended psychiatric assessment.

The Claimant was paid until the time of her psychiatric assessment, notwithstanding her full pay entitlement had run out. She failed to attend three appointments and payment was withdrawn.

The Respondents had had complaints about the Claimant's performance of her duties prior to her going off sick. The claim of penalisation failed. The Labour Court concluded, "...that the Respondent acted as it did because it believed that it was necessary to obtain an independent assessment of the Claimant’s capacity to return to her teaching duties. The Court is further satisfied that in light of the Claimant’s sickness record it was not unreasonable for the Respondent to require such an assessment. Furthermore, the fact that her absences had been certified by a psychiatrist rendered it appropriate that an assessment of her psychiatric health be undertaken. The reason for the Respondent’s continued refusal to allow the Claimant to return to work was her failure to attend for an assessment."

http://www.workplacerelations.ie/en/Cases/2013/September/HSD1314.html