A State Authority v A Worker [2013]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Health and Safety, Pay
Issues covered: Safety Health and Welfare at Work Act 2005; Penalisation

This case involved an appeal against a Rights Commissioner's findings. 

The claimant was a teacher. She alleged that she was penalised by the Respondent, contrary to s.27 of the Act, by being referred to a psychiatrist for assessment, being prevented from undertaking her teaching duties and in being removed from the Respondent’s payroll.

The Claimant was certified as unfit for work by a consultant psychiatrist in respect of a series of extensive absences over four academic years, although the certificates issued did not specify the nature of the Claimant’s illness.

She was directed by the Respondent's CEO to attend another specialist occupational physician for assessment. Instead, the

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This article is correct at 15/11/2013

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