Is dismissal in order if an employee’s medical condition/disability means that they are incapable of performing their job?Posted in : First Tuesday Q&A ROI on 1 May 2012 Issues covered:
An employer should always proceed with a high level of caution in employee disability cases. Such matters are regulated by the Employment Equality Acts 1998 to 2011 ("the EE Acts"). It is true that an employer is not obliged to indefinitely continue to employ a person who is not fit for work. However, it is not a simple issue and there are a number of factors that will first have to be established by the employer.
The first thing that must be established is that the person is indeed incapable of performing their job. To establish this, the employer will have to obtain expert medical opinion to that effect. It cannot just form its own view. That expert medical opinion must also comment on
Already a subscriber?
Click here to login and access the full article.Log in now to read 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.
Back to Q&A's This article is correct at 02/09/2015
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.