Dunnes Stores Limited v Elaine O'Brien Posted In: Case Law
Case ReferenceILCR Determination No. UDD1714
Legal BodyLabour Court
Type of Claim / JurisdictionUnfair Dismissal, Sickness and Absence
This case concerned an appeal against the decision of an Adjudication Officer. The complainant had been absent from work for three and a half years on sick leave. Her employment was subsequently terminated due to her continued absence from work with no prospect of her returning to work in the near future. The respondent claimed that the dismissal was reasonable in the circumstances, despite not sending the complainant for an independent medical assessment.
The Court held that the respondent's decision not to refer the complainant for an independent medical assessment was not unreasonable as she had produced medical certification regularly and there had been no conflict of medical opinions.
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