Review of Recent EAT Decision: Working Whilst Certified Unfit

Posted in : Supplementary Case Law Articles ROI on 21 August 2012
David Fagan
Business Legal
Issues covered:

Case Name: An Employee v An Employer (UD2361/2010) (RP3169/2010) (MN2303/2010)

Legislation: Unfair Dismissal Acts, 1977 TO 2007, Redundancy Payments Acts, 1967 TO 2007, Minimum Notice and terms of Employment Acts, 1973 TO 2005

Jurisdictions/Subject Matter: Working Whilst Certified Unfit; Mutual Duty of Trust; Summary Dismissal


The claimant began working with the respondent as an electrician in October 2001. From 2001 until 2005 the employment relationship was one without issue.

In 2005 an issue arose in relation to the claimant driving a taxi. The claimant was in possession of a taxi plate which he used to enable him to drive in the bus lanes to get to and from work. On one occasion a

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This article is correct at 06/08/2015

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David Fagan
Business Legal

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