My query asks how long must an employer wait for an employee to participate in an investigation where the employee is providing medical certificates confirming too stressed to participate. The employee has been suspended on full pay pending an investigation into a potential gross misconduct. The employee provides medical certificates on a monthly basis stating too stressed to participate in the investigation. The company doctor also agrees with this assessment. How long must an employer wait for this employee to participate in the absence of any prognosis or any possible date for participation? As the employee is on full pay, it is costing the company significantly.Posted in : First Tuesday Q&A ROI on 7 October 2014
This is a difficult situation to which there is no easy answer. The employer must take direction from the medical experts and insofar as this employee has been certified by the company’s doctor as being unfit to participate in the proposed investigation process, the employer cannot advance the process until such time as an updated medical report confirms the employee’s fitness to participate. The employer is entitled to look for a prognosis from the company doctor in terms of the short-medium term and the long term.
No determinations arising out of the investigation should be made in the employee’s absence, as to do so would deny the employee’s right to fair procedures and natural justice.
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.