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

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

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

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 zelda.cunningham@arthurcox.com

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