Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."
Managing absence issues is difficult and cumbersome. In this email, we will take a closer look at how to manage long term absence correctly and use the case of Donaldson v Marks & Spencer (Ireland) Limited as an example of what not to do in terms of long term absence management.
The Facts
In the instant case, the employee, Ms. Donaldson was dismissed because of her long-term absence due to illness and Marks & Spencer (Ireland) Limited (“M&S”) failed to provide her with reasonable accommodation in relation to her illness.
The employee suffered from Benign Intracranial Hypertension which is a neurological disorder. The employee underwent an operation in May 2009 and was on certified sick leave from May 2009 until
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