Mr. O, v An Industrial Waste Management Company

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Health and Safety, Discrimination
Issues covered: Disability; Discriminatory dismissal; Failure to provide reasonable accommodation; Neck injury; Disproportionate burden

The complainant in this case worked as a Service Operator for the respondent on a client site.  He was assigned to chemical waste disposal and lifted 10L and 25L drums to shoulder height for decanting.  While lifting one of the latter he suffered a neck injury in August 2009 and was dismissed in March 2010. 

As with many disability cases the Labour Court Decision Humphreys v Westwood Fitness Club EED037 was referred to.  In this case the complainant was of the view that the employer had assumed, on foot of the medical reports, that he could not do any manual handling.  The Equality officer agreed.  She went on to say that “The respondent was hasty in dismissing

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This article is correct at 28/01/2014

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Bernadette Treanor
Beo Solutions

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