An Employee v An Employer [2011]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Policies and Procedures, Pay
Issues covered: Discriminatory Treatment; Disability; Conditions of Employment; Failure to Provide Reasonable Accommodation

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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This article is correct at 30/08/2011

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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