Queally Pig Slaughtering Limited T/A Dawn Pork & Bacon v Robert Tkac [2016]

Posted In: Case Law
  • Case Reference
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 83(1), Employment Equality Acts, 1998 to 2011; Discrimination; Inequality; Race; Disability; Failure to Make Reasonable Accommodation

This case concerned a claim that the Respondent employer did not make reasonable accommodation for the complainant's disability. He claimed that he was unlawfully dismissed on grounds of race and/or disability. The complainant had suffered from back pain and his GP had requested that he was provided with 'light duties'.

The Court focused on whether the Respondent had made any efforts to establish what work the complainant was capable of doing in light of such. As the Respondent had failed to consider any possible options the Court held that the Respondent had failed to discharge their legal obligation to consider whether reasonable accommodation could be made. Accordingly, an award of €10k

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This article is correct at 11/08/2016

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