Bus atha Cliath - Dublin Bus -v- McKevitt [2018] IEHC 78 (29 January 2018)

Bus atha Cliath - Dublin Bus -v- McKevitt [2018] IEHC 78 (29 January 2018)

The High Court found that Ms. McKevitt was given adequate notice and a fair opportunity to be heard regarding her dismissal for incapacity. The decision to dismiss was based on a multi-factorial medical assessment by qualified occupational health professionals, and the procedures followed were appropriate for a medical incapacity case rather than a disciplinary matter. There was no requirement for a formal appeal or third medical opinion in the circumstances. The employer's reliance on the CMO's judgment was reasonable and consistent with the contract and statutory requirements.

Citation
[2018] IEHC 78
Parties
Plaintiff/appellant: Bus átha Cliath – Dublin Bus; Defendant/respondent: Claire McKevitt
Jurisdiction
Ireland
Judgment Date
29 January 2018
Procedural Posture
Appeal / High Court Appeal From Circuit Court Decision, Which Was an Appeal From the Employment Appeals Tribunal
Outcome
Appeal allowed; order of the Circuit Court vacated.
Legal Topics
Unfair Dismissal, Medical Incapacity, Procedural Fairness, Employment Appeals
Employment Law Unfair Dismissal Medical Incapacity Procedural Fairness Employment Appeals

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Parties

Bus átha Cliath – Dublin Bus

Plaintiff/appellant

Claire McKevitt

Defendant/respondent

Procedural Posture

Appeal / High Court Appeal From Circuit Court Decision, Which Was an Appeal From the Employment Appeals Tribunal

Legal Issues

  1. 1 Whether Ms. McKevitt's dismissal on grounds of medical incapacity was unfair under the Unfair Dismissals Act, 1977
  2. 2 Whether adequate notice and opportunity to be heard were provided to Ms. McKevitt before dismissal
  3. 3 Whether the employer's procedures satisfied requirements of fair process in a medical incapacity dismissal

Ratio Decidendi

The High Court found that Ms. McKevitt was given adequate notice and a fair opportunity to be heard regarding her dismissal for incapacity. The decision to dismiss was based on a multi-factorial medical assessment by qualified occupational health professionals, and the procedures followed were appropriate for a medical incapacity case rather than a disciplinary matter. There was no requirement for a formal appeal or third medical opinion in the circumstances. The employer's reliance on the CMO's judgment was reasonable and consistent with the contract and statutory requirements.

Court Disposition

Appeal allowed; order of the Circuit Court vacated.

Orders

  • The appeal is allowed.
  • The order of the Circuit Court is vacated.