WRC: Dismissal on the Grounds of Incapacity Held to be Discriminatory

Posted in : Supplementary Articles ROI on 1 November 2016
Harry Wall
Ronan Daly Jermyn
Issues covered:

A recent decision of Workplace Relations Commission[1] (the “WRC”) underlines the importance for employers of properly managing dismissals on the grounds of an employee’s incapacity to work. Equally, where it is apparent that the real reason for a dismissal is an employee’s perceived incapacity, the WRC will not look favourably on an employer contriving performance or disciplinary issues in order to justify terminating employment.


The complainant was employed by a large wholesale book company as a Regional Account Manager in April 2013. The company was based in the UK and the complainant was the company’s sole employee in Ireland. He was ultimately dismissed in June 2013,

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This article is correct at 02/11/2016

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Harry Wall
Ronan Daly Jermyn

The main content of this article was provided by Harry Wall. Contact telephone number is +353 1 6054200 or email harry.wall@rdj.ie

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