Donaldson v Marks & Spencer (Ireland) Limited [2013]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Discrimination and Equality
Issues covered: Disability;Reasonable accommodation; Discriminatory dismissal; Re-engagement; Redress

The complainant suffered from Benign Intracranial Hypertension which was accepted as a disability for the purposes of the Employment Equality Acts.  The complainant informed her supervisor of her condition about 6 months after her employment began.  Subsequently she was beset by complications requiring further surgery and time off work. 


When she had been absent for 10 months her employer contacted her and a meeting was arranged for May 17 2010.  In the meantime the complainant developed a new gynaecological condition requiring surgery that was scheduled to take place on 1 June 2010.  The meeting took place and during that meeting the complainant discussed

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This article is correct at 29/05/2013

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Bernadette Treanor
Beo Solutions

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