| Summary |
UNJUSTIFIED DISMISSAL - Dismissal on medical grounds - Applicant diagnosed with multiple sclerosis - Experienced episodes of double vision - Applicant required, at various times, to demonstrate he was competent to continue to drive heavy machinery - Following an accident which applicant was not involved in, applicant's employment terminated on medical grounds - Authority found that was a dismissal rather than an agreed early retirement - Applicant presented with a fait accompli - Where employer decided to terminate employment due to medical factors test to be applied was same one that applied to any dismissal - Whether substantive reasons for dismissal - Nature of work and requirement for higher standard of responsibility and caution in regard to health and safety factors than would be found in most workplaces - Respondent bound to ensure that all potential problems were closely monitored and preventative action implemented - Respondent entitled to rely on doctor's opinion provided - Whether procedurally fair - Respondent entitled to rely on information available to them at time decision to terminate made - Applicant did not see fit to provide any alternative view and such information could not now be used to revisit decision - May have been prudent to have obtained another prognosis as to applicant's condition before making to decision to terminate employment, but nothing unfair in process - Not necessary to address alternative argument of discrimination of forced retirement on grounds of disability - Dismissal justified - COSTS - Applicant legally aided - Respondent submitted that should its position be upheld costs award was not sought - Costs to lie where they fall - Heavy machine operator |