Importance Of Return To Work Policies

A recent Labour Court decision considered an employer's refusal to allow an employee to return to work, even though the employee's doctor deemed him fit to return. Ultimately, the Court found that the employee was constructively dismissed on grounds of disability. We outline the facts of the case and examine how the decision highlights the need for employers to maintain a robust and comprehensive return to work policy. 

In Tom Moloney Limited trading as Squire Maguires v Mr Thomas Keogh [2016] Labour Court Determination ADA 1617, the employee had worked as a full-time barman in the employer's premises for over four years. In 2012, he attempted to take his own life on two occasions. This led to an absence from work for a week to undergo treatment for psychological issues. On completion of this treatment, the employee was asked to produce a letter confirming that he was "100% sane". His medical advisor refused to provide a letter in these terms but agreed to provide a