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. On a previous occasion the Ward Sister had provided her with non-prescription cough linctus. She promptly informed the Sister
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