The Labour Court upheld a decision that An Post had not infringed Paul Coffey’s rights under the Pensions Acts, finding no legal requirement for an employer to disregard its medical adviser’s view that an employee could return to work. The determination was dated 24 June 2019.
Mr Coffey, a postal operative who had worked for An Post since 2007, appealed after seeking ill-health retirement under the company’s occupational pension scheme. He said his doctors had certified him unfit to return. An Post said its medical adviser considered him able to return in a sedentary role and not permanently incapable of work.
The Court said it could find no provision in the Pensions Acts requiring an employer to ignore that medical advice. It made no finding on whether Mr Coffey was medically fit to return, saying that question was outside its legal role. The appeal therefore did not change the WRC decision.