Can you ask a medical advisor is an employee fit to attend a disciplinary hearing?

Posted in : First Tuesday Q&A ROI on 4 March 2014
Zelda Cunningham
Arthur Cox
Issues covered:

In general, it is inadvisable for a disciplinary hearing to proceed where an employee is on sick leave, as the employee is medically unfit to do so.

Employees who are absent for a significant amount of time should be referred to an occupational health specialist for an assessment of his/her condition, in accordance with the company’s sick leave policy or his/her contract of employment. While the generally an occupational health specialist may not address specifically whether the employee is fit to attend a disciplinary hearing, in referring the employee for the medical examination, the doctor should be asked to provide an opinion on whether the employee can participate in the disciplinary

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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