Recent Labour Court Decision On Capability Unfair Dismissal

The Labour Court recently held that the dismissal of an employee on the grounds of her capability was not justified on either substantive or procedural grounds and, therefore, was unfair. We examine the facts of the case and highlight the importance of fair procedures. 

In a recent Labour Court case, Noonan Services Group Limited v Elvira Kravcova, the employer was held to have unfairly dismissed the employee who had reported health issues to her employer.

Ms Kravcova was employed as a cleaner with Noonan Services Group Limited. As a result of issues she had raised in relation to her health, she was referred to the employer's occupational health doctor. He advised that she was at best partially fit for her duties and that she would benefit from a change of work. She was called to a meeting and a decision was made to dismiss her.