Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / A Sales Representative versus A Books Wholesaler
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A Sales Representative versus A Books Wholesaler

Posted In: Case Law
  • Case Reference
    EE/2013/652
  • Decision Number
    DEC-E2016-131
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Discrimination
Issues covered: Employment Equality Acts, Disability, Depression, Discriminatory Dismissal, Failure to provide reasonable accommodation

A recent decision of Workplace Relations Commission[1] (the “WRC”) underlines the importance for employers of properly managing dismissals on the grounds of an employee’s incapacity to work. Equally, where it is apparent that the real reason for a dismissal is an employee’s perceived incapacity, the WRC will not look favourably on an employer contriving performance or disciplinary issues in order to justify terminating employment.

Background

The complainant was employed by a large wholesale book company as a Regional Account Manager in April 2013. The company was based in the UK and the complainant was the company’s sole employee in Ireland. He was ultimately dismissed in June 2013,

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This article is correct at 02/11/2016
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.

Harry Wall
Ronan Daly Jermyn

The main content of this article was provided by Harry Wall. Contact telephone number is +353 1 6054200 or email harry.wall@rdj.ie

View all articles by Harry Wall