Posted By Dan Malone Hi All, I am looking for some advice for a college in another company. Person has an ongoing back injury. Has certified sick notes from doctors and letters from physio. Currently the company doctor is having their contract looked at due to the amount of sick days off they have. Background Injury was sustained at work a number of years ago (1998-9). Not too sure that company trained staff in manual handling. Person is now working as technical support. Has requested that H&S officer do an ergonomic review of workstation. Question: Is the company legally right to dismiss them?? Company is world wide and operating here in Ireland. Regards Dan Malone

Posted By Clare Gabriel It is so difficult to comment on such a case but the company is able to dismiss on a capability issue - ie the employee is unable to do the task they are employed to do and there are no other roles suitable for that individual to do at their grade/level. It is however an extremely long process and involves very specific procedures to be followed - interviews with the employee, occupational health to be carried out by HR. Your posting is not that detailed but this is one of the only ways to dismiss in this way. I suggest your colleague contact a good solicitor experienced in personnel law - it is not one to try and get answers form a website, to be honest.

Posted By Christopher Hello Dan 1998 is a very long time ago. Unfortunately, as the others have said we don't have enough information. A GP making a guest appearance on daytime TV stated that back problems and stress were amongst the most difficult to challenge in an individual. Giving the time scale, I would have thought your colleague would have seen a consultant and that reports from a back specialist would be available. It is not unreasonable to request a workstation assessment to be undertaken. He may be suspected of malingering, but that doesn't mean that his workstation or his skills of using his workstation are up to par. If the organisation have allowed these episodes of absence to continue for such a long period, and only now are focusing on their impact on his ability to function as a useful member of the organisation, then they have either been very kind or downright inefficient. If I were him I would wait until he has more information available before seeking the advice of a solicitor. I hope he's keeping a diary of his treatment. A diary would certainly be useful if he is able to identify the prompt factors prior to his taking leave of absence.