Caroline Connolly v Western Health and Social Care [2017]

Posted In: Case Law
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline
Issues covered: Unfair Dismissal; Gross Misconduct; Band of Reasonable Responses; Proportionality

We covered an earlier NICA decision on this case in 2016, when the case was remitted back to an employment tribunal due to concerns about the adequacy of the tribunal's investigations:

After another tribunal decision, it has now been heard again and a majority of the Court of Appeal has found in favour of the employee.

The appellant, a nurse at Altnagelvin Hospital, was dismissed for gross misconduct. She suffered from asthma and during the course of her shift felt the onset of an attack. She used a Ventolin inhaler from a locked medicine cupboard to combat the effects.

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This article is correct at 19/10/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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