Delaney v Central Bank of Ireland [2011]

Posted In: Case Law
  • Case Reference
    [2011] IEHC 212
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Policies and Procedures
Issues covered: Fair Procedure; Medical Assessment

The Plaintiff, who had made a complaint against colleagues for bullying which was not upheld, was sent to a consultant psychiatrist for medical assessment by the Bank arising out of its concerns for the Plaintiff’s mental health. The Bank’s psychiatrist, Dr. Mohan, found that the Plaintiff was not fit for work. Although the Plaintiff’s psychiatrist’s (Dr. Lane) opinion differed, the Bank would not permit the employee to return to work and as a compromise requested the Plaintiff to attend for further assessment by a third psychiatrist.

The Plaintiff took a claim to the High Court for breach of contract including the implied duty of trust and confidence, beach of the Plaintiff’s right to earn

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This article is correct at 10/10/2012
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.

Natasha Canniffe
McCann FitzGerald

The main content of this article was provided by Natasha Canniffe. Contact telephone number is +353 1 611 9138 or email natasha.canniffe@mccannfitzgerald.ie

View all articles by Natasha Canniffe