To ask or not to ask - requesting details of illnesses in sick certificates

Posted in : Supplementary Articles ROI on 8 November 2016
Julie Austin
McDowell Purcell
Issues covered:

In a recent case before the Workplace Relations Commission (“WRC”), an Adjudicator awarded €18,000 (approximately six months’ salary) to a sales rep who had been discriminated on the ground of disability.  The Adjudicator found that the sales rep had been discriminated against when he was dismissed for a minor misdemeanour shortly after he revealed to his employer that he was taking anti-depressants. The employee revealed his condition after the Personnel Manager made enquiries about the exact medication he was taking.  The Adjudicator felt that the “request [was] an invasion of his privacy” and did not accept the evidence given by the Personnel Manager that she wanted to check

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This article is correct at 08/11/2016
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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.

Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email jaustin@mcdowellpurcell.ie

View all articles by Julie Austin