Tom Moloney Limited T/A Squire Maguire's v Mr Thomas Keogh [2016]

Posted In: Case Law
  • Case Reference
    ILCR Recommendation No. LCR21253
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Discrimination and Equality
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 83(1), Employment Equality Acts, 1998 to 2011; Discrimination on Grounds of Disability

This case concerned a claim of discrimination on the grounds of disability following the constructive dismissal of the complainant. The complainant had been absent from work, for a period of one week, while he underwent treatment. When he returned to work the Respondent requested that he furnish a letter stating he was 100% sane. The Complainant's GP would only provide him with a letter stating he was fit to return to work, thus the Respondent refused to allow him to return.

The Court found that the Respondent had not taken any steps to assist the Complainant returning to work, instead he had frustrated the Complainant's efforts. Accordingly, the Court ordered compensation to be paid.

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This article is correct at 28/07/2016

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