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Dunnes Stores Limited v Elaine O'Brien [2017]
Decision Number: Legal Body: Labour Court
Published on: 27/04/2017
Issues Covered:
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Background

This case concerned an appeal against the decision of an Adjudication Officer. The complainant had been absent from work for three and a half years on sick leave. Her employment was subsequently terminated due to her continued absence from work with no prospect of her returning to work in the near future. The respondent claimed that the dismissal was reasonable in the circumstances, despite not sending the complainant for an independent medical assessment.

The Court held that the respondent's decision not to refer the complainant for an independent medical assessment was not unreasonable as she had produced medical certification regularly and there had been no conflict of medical opinions. The Court was satisfied that the complainant's ill-health and inability to perform her role was the substantial ground for her dismissal. Accordingly, the Court was satisfied that a reasonable employer would have dismissed the employee in the circumstances and found that the dismissal was fair.
https://www.workplacerelations.ie/en/Cases/2017/April/UDD1714.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 27/04/2017