Dunnes Stores Limited v Elaine O'Brien [2017]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. UDD1714
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Absence and Sickness
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 she had produced medical certification regularly and there had been no conflict of medical opinions.

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This article is correct at 27/04/2017

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