An article contributed by Jeffrey Greene of our Employment & Benefits department has been published in the July issue of the Irish Employment Law Journal. 

The article comments on the difficult issues which can arise when an employer in Ireland is seeking to dismiss an employee because of illness or incapacity. It also discusses the recent Irish High Court decision in Nano Nagle School v Daly in which a special needs assistant was dismissed from her position following an accident which left her wheelchair-bound and only partially able to carry out her employment tasks. The employee successfully claimed that the school had not considered appropriate measures to accommodate her under the Employment Equality Acts 1998 to 2015. Finally, the article considers the use of the doctrine of frustration to dismiss an employee, as well as dismissal on the ground of incapacity under the Unfair Dismissal Acts 1977 to 2015.

Please click here to read the full article. 

This material was first published by Thomson Reuters in the Summer 2016 Irish Employment Law Journal and is reproduced with the agreement of the Publishers.