Managing long‑term absence is one of the most challenging areas for employers, especially when there’s no clear indication of when an employee might return to work. However, navigating this sensitively and lawfully is essential. The Workplace Relations Commission’s recent decision on a dismissal following prolonged illness underscores the importance of a robust process.
In a recent decision by the Workplace Relations Commission (WRC), an unfair dismissal complaint was dismissed. This happened after an employee challenged their dismissal during a lengthy sick absence.
The Adjudication Officer carefully considered whether:
- the employer followed a proper process;
- sufficient medical evidence was obtained;
- appropriate consultation took place with the employee; and
- reasonable accommodation was considered before dismissal.
📌 Key takeaway: The WRC reaffirmed a crucial legal principle for employers. Dismissal on grounds of incapacity can be lawful where the process is fair, evidence‑based, and the employer cannot reasonably be expected to keep the role open indefinitely.
Fair procedures and thorough documentation are often decisive in these cases.
📘 Preparing for a WRC Hearing | Practical Steps for Employers
Defending a claim at the WRC requires clear organisation and evidence. The WRC itself publishes procedural guides and information to help both parties understand what to expect. This includes downloadable PDFs on the adjudication process. These include:
- Procedures in the Adjudication and Investigation of Employment and Equality Complaints
- Guidance Notes for a WRC Adjudication Hearing
- Information for Parties and Representatives
➡️ You can access these official WRC guides and procedural documents here (including downloadable PDFs):
👉 Workplace Relations Commission | Information Guides & Forms
These preparatory documents are invaluable in helping employers understand how complaints progress from referral to hearing. They cover timelines for submissions and expectations for evidence.
📍 Practical Steps to Prepare Your Case
While every case is different, successful preparation often involves:
✔️ Understanding the Process
Get familiar with timelines, what happens at the hearing, and procedural requirements well in advance. As an employer when you are wubmitting Submissions and evidence, you must usually lodge with the WRC and shared with the other party before the hearing. Additionally, The HRP Group wrote an article on the 14th of Oct 2025, on how to prepare for a WRC Case and here are the mains points:
✔️ Clarify the Legal and Factual Issues
Know the basis of the complaint e.g., unfair dismissal and your arguments or defences, such as evidence of a fair procedure or business necessity.
✔️ Gather Evidence Early
Compile all relevant documents: contracts, policies, correspondence, medical reports, meeting notes, and any witness statements. Structured evidence bundles, labelled and cross‑referenced, help the adjudicator follow your case.
✔️ Prepare Written Submissions
Your written submission (sometimes called a “statement of case” or “defence”) should lay out the facts clearly and logically. Be sure to reference relevant legislation and explain your position professionally.
✔️ Arrange Attendance and Logistics
Confirm the hearing date and location. Make sure your representatives and witnesses are ready. Also, prepare enough copies of documents for all parties and the adjudicator.
📝 Final Thoughts
A dismissal related to long‑term absence is never straightforward. However, a fair, transparent and well‑documented process markedly increases the chances that a decision will be upheld. Employers should take preparation seriously. Thorough planning not only improves your position at a hearing but also strengthens workplace practices and reduces future risk.
If you’ve received a WRC complaint or hearing notice, start reviewing these resources and consider seeking HR or legal support early.