Constructive Dismissal or Unfair Dismissal? Traps for the unwary

by admin

We had a very good win last week in a difficult case where we had to prove that we didnt simply abandon our employment but were rather unfairly dimissed while on sick leave. Any Employer would want to be very careful when dismissing someone on  sick leave which would leave them exposed to an Unfair Dismissal Case. However, please note that the Employment Appeals Tribunal cannot take the period you were unable to work into consideration when asssesing the size of the award. It can be a double edged sword! In this case there are High Court Proceedings in train for a Work Stress Bullying Claim.

Shane Healy, Head of Employment, Healy O’Connor Solicitors, Cork and Dublin.

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