Quirke v Sepam Specialists Limited [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality
Issues covered: Employment Equality Acts 1998- 2008; Sections 6, 8 and 16; Disability; Discriminatory dismissal; Reasonable accommodation; Waiver of right to maintain complaint

This case concerns reasonable accommodation for disability and also the effect of a settlement agreement. The complainant was employed a Human Resource Administrator from May 2008. She was diagnosed with Narcolepsy in mid-October 2008 and was required to relocate to The Netherlands in April 2009. In consequence, she resigned and claimed constructive discriminatory dismissal on grounds of disability.

The first issue for consideration was whether the signing of a Final Settlement Agreement precluded the complainant from pursuing her discrimination claim. The Tribunal relied on Hurley v Royal Yacht Club ([1997] ELR 225) where Mr Justice Buckley stated, "I am satisfied that the applicant was

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This article is correct at 24/01/2013

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