The Complainant commenced employment with the Respondent on the 24th of August 2011. In August 2016, the Complainant was invited to attend a disciplinary hearing which did not materialise as the Complainant commenced a period of sick leave from the 12th of August to the 28th of August 2016.

Subsequently, the Respondent invited the Complainant to a meeting, the purpose of which was to properly assess the Complainant’s fitness to return to work. The Complainant could not attend this meeting due to ill health. In February 2017, the Complainant’s General Practitioner advised that the Complainant was unable to resume work due to the being treated for anxiety, stress and depression. The Respondent then claimed that they had no other alternative but to dismiss the Complainant. The Complainant then exercised his right to appeal the decision which was investigated by an Independent Assessor. The Independent Assessor advised that the decision to dismiss on grounds of medical capability was upheld.

The Respondent stated that they had exhausted all options before proceeding to hold a medical capability meeting. The Complainant was informed of the possible outcomes of the medical capability meeting, including the possibility of the Complainant’s employment being terminated.

In reaching their decision, the Court noted that the Respondent availed of the services of independent persons to conduct the mediation process and to hear the Complainant’s appeal. However, the fact that the Independent Assessor was not only the person who took the decision to dismiss and carried out that dismissal but was also the person whom complaints of bullying were made by the Complainant amounted to a clear breach of the principles of natural justice. Accordingly, the Complainant was awarded compensation in the sum of €5,000.00. 
https://www.workplacerelations.ie/en/cases/2019/october/udd1963.html