We have a long-standing manager who, when subjected to a disciplinary due to performance issues, put in a four week sick line for work-related stress. He also lodged a grievance against his relatively new manager. How would you go about resolving this? 

Posted in : First Tuesday Q&A ROI on 6 October 2015
Zelda Cunningham
Arthur Cox
Issues covered:

Given the nature of the certified absence and the length of time involved, the employee should be referred to a company doctor or occupational health specialist, nominated and paid for by the employer, for an independent assessment of his medical condition.

The Company should request that the occupational health specialist confirm the following:

Whether the employee is:
(i) fit to return to work
(ii) fit to participate in a disciplinary procedure
(iii) fit to participate in the grievance procedure
(iv) if the employee is not fit to do any or all of the above, an estimated time when he may be fit to participate should be obtained.

The Company should also request that the occupational health

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Back to Q&A's This article is correct at 06/10/2015

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.

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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