The WRC rejected a cabin crew employee’s unfair dismissal complaint, finding that her employer had given her notice that dismissal was being considered and opportunities to be heard. The decision was dated 17 May 2018. The officer also found the WRC had no jurisdiction to decide her separate issue about eligibility for pension or disability-continuance schemes; the merits of that issue were not decided.
The employee began work in February 2000 and was dismissed in March 2017 after remaining on sick leave for more than four years. She argued that her employment could have continued and raised concerns about not qualifying for ill-health retirement schemes. The employer said medical evidence showed she could not perform cabin duties and had no prospect of returning to work in any role for the foreseeable future.
The officer concluded that ill health was the sole and substantial reason for dismissal. The employee had been told dismissal was being considered and had several opportunities to be heard. The officer found that the dismissal on incapacity grounds was not unfair and that the complaint failed.