David McCormack v Ashford Castle Ltd Posted In: Case Law
Decision NumberIEHC 188
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionDismissal, Absence and Sickness, Leave
This case came before Mr Justice Max Barrett in the High Court following the Labour Court’s decision which concluded that the Employer’s decision to dismiss the Appellant was fair.
The Appellant (Mr McCormack) had been employed at Ashford Castle Hotel since 2003 and was promoted to the role of concierge in 2011. The Appellant then went out sick leave on the 5th of November 2014 and remained absent from work on sick leave until his dismissal on October 4, 2017.
The Appellant lodged a claim for unfair dismissal to the WRC proceedings who dismissed the claim on the basis that the Respondent’s termination of the Appellant’s employment was reasonable in all of the circumstances pertaining at
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