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 and Grievance
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:
https://www.legal-island.com/articles/uk/case-law/2016/mar/caroline-connolly-v-western-health--social-care-trust-2016/
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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