First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

We have an employee on long term sick leave - what level of contact can/should we have with that employee?

Posted in: First Tuesday Q&A ROI on 07/03/2017 Sick leave is considered a protected period and, generally, an employer should not contact an employee during this time. However, there may be circumstances where an employer may justifiably contact an employee during long-term sick leave. This includes where the employee’s sick certificates have e...
This article is listed under the following topics:
Sickness and Absence

In a situation where the employer’s doctor and the employee’s doctor both deem the employee unfit for work but the insurance company which is paying out income protection to the employee deems him fit for work, must the employer make reasonable accommodation to enable the employee to return to work with limited capability?

Posted in: First Tuesday Q&A ROI on 03/01/2017 In circumstances where both the employee's doctor and the employee's doctor have advised that the employee is unfit to return to work, the employee should remain on sick leave until such time as he/she is deemed fit to return to work. The insurer’s doctor usually only evaluates the employee for th...
This article is listed under the following topics:
Sickness and Absence

Does an employee who is on unpaid sick leave accrue statutory annual leave according to the Workplace Relations Act?

Posted in: First Tuesday Q&A ROI on 06/06/2016 Annual leave is accrued during sick leave, subject to the following: The sick leave must be medically certified by a medical practitioner. An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the rele...
This article is listed under the following topics:
Sickness and Absence Pay and Conditions of Employment

Accrual of annual leave while on sick leave. Where a person is absent for 3 full years, will they have 3 years annual leave accrued or do they lose entitlement for a particular year if they do not return to work within 15 months of the end of the relevant year in which it would accrue?

Posted in: First Tuesday Q&A ROI on 03/05/2016 With effect from 1 August 2015, Ireland has now implemented a statutory basis for the accrual of annual leave during certified sick leave. The Workplace Relations Act 2015 (the “Act”), which amends s.19 of the Organisation of Working Time Act 1997 to the effect that employees who are unable to take...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment

In a situation where a person on work-related stress leave is asked to contact the employer but refuses to do so because they are too upset, but offers to get in touch in a few weeks’ time, what should the employer do?

Posted in: First Tuesday Q&A ROI on 05/01/2016 For the purposes of responding to this question, we assume that the employee in question is providing medical certificates which state that the reason for his/her absence is work place stress. Provided the period of absence is not significant, and provided that there is no urgent business need to ...
This article is listed under the following topics:
Sickness and Absence

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 06/10/2015 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 occupa...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues Policies and Procedures

If someone is on long term absence suffering from depression can an employer eventually dismiss?

Posted in: First Tuesday Q&A ROI on 02/09/2015 Firstly, the Unfair Dismissals Acts, 1977 – 2007 provide that a dismissal will not be unfair if it results wholly or mainly from the capability of the employee to perform work of the kind which he or she was employed by the employer to do. However, before terminating an individual’s employment by r...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence

Have the changes to allow annual leave be accrued while on sick leave been introduced yet? There was a talk of the introduction of the new rules in respect of annual leave to take place in July. Is this now changed to October to coincide with the introduction of the rest of the provisions of the Workplace Relations Act 2015?

Posted in: First Tuesday Q&A ROI on 05/08/2015 Section 86 (1) of the Workplace Relations Act 2015 was commenced on 1 August 2015 by Ministerial Order, which is expected this week. The Workplace Relations Act 2015 has amended the Organisation of Working Time Act 1997 (the “OWTA”) to allow for the accrual of annual leave during sick leave: http:/...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave

We have a number of staff on long term unpaid sick leave, in some cases in excess of 2 years. What approach should be adopted in relation to ceasing their employment? And what are the pitfalls in doing this?

Posted in: First Tuesday Q&A ROI on 06/01/2015 When ceasing an employee’s employment on grounds of incapability or incapacity, the employer may face exposure under: (i) the Unfair Dismissals Acts 1977 and 2007, on the basis that the dismissal itself was unfair, (ii) under the Employment Equality Acts 1998 to 2011, on the basis that the dismiss...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures

How best is it to proceed with disciplinary/capability proceedings if the individual immediately goes off sick with stress or lodges a grievance?

Posted in: First Tuesday Q&A ROI on 02/12/2014 In the above situation, two separate issues require consideration: the question of what an employer can do if the employee goes off work sick, and the question of how to handle any grievance lodged by the employee during a disciplinary/capability procedure. The employee in question should be referr...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues