This case involved an appeal by both the complainant and the respondent. The complainant was an Assistant Manager who suffered from a disability and had been absent from work for over 2 years. The complainant had been dismissed on the 26th of September 2016 by the respondent as she had not been able to indicate a date of return to work in the near future and could not provide any new or update medical opinion/ information regarding her illness. The complainant submitted that she had been an exemplary employee throughout her employment until she was certified unfit for work. Over the subsequent period she continued to suffer from stress and anxiety and attended numerous meetings with management regarding her illness.

In January 2016 her GP sent an update to the respondent stating that it was not possible to predict with certainty when she would be fit to return to work. Meetings were held between the parties in January, February, April, May and June 2016, with the complainant being advised that a meeting was scheduled for the August 2016 and that her position would be considered at that meeting. At this meeting, she supplied a letter to the respondent's regional manager advising that she had been referred to a specialist and that her return to work would depend on the outcome of that visit. Nonetheless, the respondent's regional manager advised her that he needed a return to work date and advised her that her contract would be terminated. She was then invited to a further meeting in which she provided a copy of the referral letter to specialist consultant physician and other letters in that connection. At this meeting she was told that her employment was being terminated with notice.

The complainant submitted that the respondent had not made reasonable accommodation for her and they had not fulfilled their obligation to fully and properly assess all medical evidence. The respondent submitted that at the point of the decision to dismiss her the complainant had been absent through illness for over two years and that it was clear to their regional manager that the complainant's condition had not improved. In addition, they submitted that her condition was worsening and that there was no reality to her returning to work in the near future. The respondent also pointed out that the complainant had chosen not to appeal the decision to dismiss her. The Court stated that the key question was the obligation on the respondent to make an informed decision on the likely capacity or incapacity of the complainant to perform the work for which she was employed in the proximate future or whether, if reasonable accommodation was given to her, she would be capable of undertaking the essential duties of her position. The Court noted that the letter provided by the complainant's GP to the respondent in August 2016 stated that she had improved markedly and that the outcome of her specialist visit would determine her return to work. The Court considered the efforts made by the respondent to reasonably accommodate the complainant and noted that the despite the company doctor's recommendation to keep the complainant under review no steps were taken by the respondent to arrange such a process.

The Court held that the complainant's inability to definitely address the demand for a return date on the date of her dismissal was a function of her medical advice, as provided to the respondent in writing. The Court found that in the absence of the impending specialist report the respondent was not in a position to objectively evaluate the degree of appropriate adjustments required and therefore found that the respondent failed to adequately discharge the duties imposed on them. The Court doubled the amount of compensation previously awarded to her.
http://www.workplacerelations.ie/en/Cases/2018/July/EDA1838.html