The Labour Court has upheld the dismissal of a former Dublin
City Council employee for persistent and excessive absence.
The employee, who was employed as a Waste Management Operative
from May 2007 received numerous warnings throughout the course of
his employment for absenteeism, time-keeping and alleged abuse of
the sick pay scheme. He was dismissed in December 2016 after
incurring 17 days of sick leave between April and October of that
year.
This case highlights that persistent absence from work, whether
certified or not, may be a justifiable reason for dismissal.
The employee's case
The employee appealed the ruling of the WRC that the decision to
dismiss was not unfair and sought to be reinstated in his job. He
argued that the decision to dismiss was disproportionate and the
procedure followed by the employer was flawed for a number of
reasons, including:
