Dunnes Stores Limited v Elaine O'Brien [2017]

  • Case Reference
    ILCR Determination No. UDD1714
  • Legal Body
    Labour Court
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Sickness and Absence
Issues covered: Section 9(1), Unfair Dismissal Acts, 1977 to 2015; Unfair Dismissal; Extended Period of Sick Leave; Occupational Health Opinion

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Start my free trial today

This article is correct at 27/04/2017
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.

Legal-Island
Legal-Island

The main content of this article was provided by Legal-Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email scott@legal-island.com

View all articles by Legal-Island