This month’s article from the Labour Court Case Law Review Panel was written by Deirdre Malone.  It concerns an unfair dismissal claim brought by an employee engaged as a cleaner (“the Claimant”) against her employer, Noonan Services Group Limited (“the Company”) and its failure to adopt any procedure or to afford the employee her rights to procedural fairness or natural justice.

Background to the case

The Claimant worked as a contract cleaner for 15 years with the Company. In 2013 the Company became concerned about her ability to perform her duties and referred her for an occupational assessment.

The report from the Occupational Assessor stated:

“While this condition does not categorically render Elvira medically unfit for any of her