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Employment law question: medical certificate

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  • 12-05-2020 12:03am
    #1
    tv3tg4
    Registered Users Posts: 525 ✭✭✭


    An employee has got a medical certificate that she is unable to return to work presently because of stress.

    Work then suggested occupational health.

    0ccupational health said indivual is fit to return to work.

    They gave an option to appeal.

    The employee agreed to this.

    My question is does an openion from occupational health trump a medical cert.

    Should employee seek legal advice?

    Mod
    Yes- open just for discussion here


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    #2
    tv3tg4
    Registered Users Posts: 525 ✭✭✭tv3tg4


    I am pretty sure the medical certificate takes precedence over a report from.occuptational health.

    If a letter was required to confirm this - would it be better to talk to a solicitor or an employment law specialist?

    Or perhaps to talk to GP


  • Options
    #3
    Lenar3556
    Registered Users Posts: 1,387 ✭✭✭Lenar3556


    tv3tg4 wrote: »
    An employee has got a medical certificate that she is unable to return to work presently because of stress.

    Work then suggested occupational health.

    0ccupational health said indivual is fit to return to work.

    They gave an option to appeal.

    The employee agreed to this.

    My question is does an openion from occupational health trump a medical cert.

    Should employee seek legal advice?

    Mod
    Yes- open just for discussion here

    Rather than a case of one trumping the other, I think it’s two perspectives on a given situation. The employee is off work on sick leave, she says she is suffering from stress and holds a medical certificate from a doctor who has certified her as being unfit for work on this basis. - On the face of it this is fair evidence that the girl is genuinely sick.

    The employer, perhaps questioning the nature or extent of the ill health, or perhaps wishing to progress a situation that has been ongoing for a period of time, has had her assessed by their own doctor, who deems her fit to return to work.

    It would appear that the employee herself takes the position that she is not fit to return, which leaves the employer to make a decision on how they wish to proceed. Stress like any mental health issue can be highly subjective, personal, and is seldom clear cut. Purely on the basis of the limited information provided, it would be a brave employer who would move to discipline / dismiss on the grounds outlined. There could be exposure to claims of constructive or unfair dismissal. Similarly, if the employee did return under some duress, the employer could be found to have a liability in the event of a subsequently worsening illness, accident or other untoward event linked to the alleged illness.

    The employee should seek independent legal advice, from a solicitor experienced in employment law and who is fully aquatinted with the facts.

    Wish her a speedy recovery.


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