Is it necessary to follow a disciplinary process prior to dismissing an employee on long-term sick leave? Posted in : First Tuesday Q&A ROI on 3 April 2018
This very issue was recently considered by the High Court in the case of McKevitt v Dublin Bus  IEHC 78. Ms McKevitt had been compulsorily retired from her job as a bus driver on the grounds of medical incapability and challenged the lawfulness of that decision under the Unfair Dismissals Acts 1977 to 2015. One of the grounds she relied upon in her claim before the High Court was that Dublin Bus had failed to comply with the procedural requirements set out in the Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000 prior to dismissing her. The High Court ultimately held that the statutory code of practice did not apply to
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