This case concerned a claim that the complainant was unfairly dismissed. Following the complainant raising health issues with her employer, she was referred to the company's occupational medical advisors on two separate occasions. They found that she was at best partially fit for her tasks and would benefit from a change of work. The complainant also submitted a note from her GP in the meantime which stated she should not do heavy physical work. Following this, she was called to a meeting with the respondent in which she was dismissed.

The Court found that the medical evidence clearly showed that she was not fully fit for the demanding tasks of a cleaner. However, the Respondent did not take any steps to ascertain what alternative or amended tasks she could perform. Instead, they adopted a flawed procedure which did not afford her rights to procedural fairness or natural justice. Accordingly, the Court held that the respondent had no basis to decide the complainant was not fit to perform her duties and found that her dismissal was not justified. In reversing the decision of the Adjudication Officer, the Labour Court awarded €8,160, which amounted to 20 weeks’ pay in this case.

https://www.workplacerelations.ie/en/Cases/2016/December/UDD1637.html