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

Posted in : First Tuesday Q&A ROI on 2 September 2015
Matheson
Matheson

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

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
Back to Q&A's This article is correct at 02/09/2015
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.

Matheson
Matheson

The main content of this article was provided by Matheson. Contact telephone number is +353 1 232 2000 or email dublin@matheson.com

View all articles by Matheson