Latest in Employment Law>Case Law>Dunnes Stores Limited v Elaine O'Brien [2017]
Dunnes Stores Limited v Elaine O'Brien [2017]
Published on: 27/04/2017
Issues Covered: Dismissal Absence & Sickness
Article Authors The main content of this article was provided by the following authors.
Legal Island
Legal Island
{}
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

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

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
Q&A
Legal Island’s LMS, licensed to you Imagine your staff having 24/7 access to a centralised training platform, tailored to your organisation’s brand and staff training needs, with unlimited users. Learn more →