A Store v A Worker Posted In: Case Law
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionAbsence and Sickness, Discrimination and Equality
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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