An Employee v An Employer Posted In: Case Law
Legal BodyEquality Tribunal
Type of Claim / JurisdictionDiscrimination and Equality, Policies and Procedures, Pay and Conditions of Employment
This case involved a shop worker in Cork who had to leave work because of consistent back pain and after various medical assessments and physiotherapy she finally had to have surgery on a prolapsed disc on her back.
The complainant claimed that on the 8th August 2006 she wrote to the respondent with a letter from her Consultant Orthopaedic Surgeon which outlined the her medical situation to date and said, "She is now fit to resume her work on a part time basis initially. She would be fit for her normal work practice except for lifting heavy bags". The respondent's letter in reply said that it was "not in a position to take you back if there is a risk of exasperation of your condition whilst
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