If someone is on long term absence suffering from depression can an employer eventually dismiss?

Firstly, the Unfair Dismissals Acts, 1977 – 2007 provide that a dismissal will not be unfair if it results wholly or mainly from the capability of the employee to perform work of the kind which he or she was employed by the employer to do. However, before terminating an individual’s employment by reason of long term absence, it is important to ensure that fair procedures are followed. In addition, the protection afforded to employees with a disability, as set out in the Employment Equality Acts, 1998 – 2008 (“EEA”), must be borne in mind. The concept of disability is defined very broadly and would include depression.

Prior to terminating an employee’s employment in these circumstances, an