WRC Upholds Dismissal in Sick Pay Dispute
What happened
In a decision reported in February 2026, the WRC rejected a claim taken by an employee who argued that his dismissal, following a prolonged period of absence due to illness, was unfair.
The employee had been absent for a significant duration. The employer, a medium sized services provider, had initially paid sick leave in line with company policy and the statutory entitlement under the Sick Leave Act. Medical certificates were furnished throughout the absence.
Over time, the employer sought updated medical prognosis information and clarity as to whether a return to work was likely within a reasonable timeframe. The medical position remained uncertain.
Following a structured review process and medical correspondence, the employer ultimately terminated the employment on the grounds of incapacity.
The employee contended that the dismissal was premature and that greater accommodation should have been considered.
What the WRC focused on
The Adjudication Officer examined:
- The duration and medical nature of the absence
- Whether medical evidence had been sought and considered
- Whether consultation with the employee had taken place
- Whether reasonable accommodation had been explored
- Whether the employer could reasonably be expected to hold the role open indefinitely
The WRC accepted that long term absence can constitute substantial grounds for dismissal, provided the process is fair and evidence based.
In this case, the employer had written to the employee on several occasions, sought updated medical reports, and allowed the employee to make representations before any final decision was taken.
Importantly, the adjudicator was satisfied that the employer had considered whether adjustments or alternative duties were feasible and had assessed operational impact.
Why the dismissal was upheld
The WRC reiterated that dismissal on grounds of incapacity is not unlawful where:
- There is a genuine and sustained medical inability to perform the role
- The employer has obtained and assessed medical evidence
- The employee has been consulted
- Reasonable accommodation has been considered
- The decision is proportionate in the operational context
The employer was not required to maintain the employment indefinitely where no clear return date was foreseeable.
The claim was therefore unsuccessful.
Key lessons for employers
- Long term absence cases require medical evidence and documentation.
- Consultation is essential before any decision is made.
- Reasonable accommodation must be considered and recorded.
- Operational impact is a legitimate factor.
- Process and proportionality remain central.
Managing long term sick leave is one of the most legally sensitive areas of HR. The balance between compassion and operational sustainability must be carefully handled.
If your organisation is dealing with prolonged absence, medical capability concerns or potential termination on incapacity grounds, we can support you in ensuring the process is fair, evidence based and defensible.
Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website for further guidance.
