A Store v A Worker [2016]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Discrimination and Equality
Issues covered: Section 83(1), Employment Equality Acts, 1998 to 2011; Reasonable Accommodation

This case involved an employee who was diagnosed with Multiple Sclerosis during the course of her employment. Following her diagnosis, she went on sick leave.

A year later her GP certified her as fit to return to work, conditional on her being put in an alternative role more suited to her condition. However, the employer stated that she would have to be certified fully fit to perform her current role in the bakery department in order to return to work. Accordingly, the complainant did not return to work.

The Court held that employers have an obligation to consider reasonable accommodation of workers with disabilities and they must make an informed and considered decision about all the

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This article is correct at 02/11/2016

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