Employer v Employee
Legal BodyWorkplace Adjudicator Service
Type of Claim / JurisdictionUnfair Dismissal, Sickness and Absence, Discrimination and Equality
Giving Reason to Reasonable Accommodation
A recent decision of a Workplace Relations Commission Adjudication Officer (“AO”) (ADJ – 00000508) considers the extent of an employer's obligation to make reasonable accommodation for an employee with a disability and finds that, taking into account the scale and resources of the employer and its engagement with the employee over a 9 month period, dismissal on the grounds of capacity was justified.
The facts of the case and the implications for employers are examined below.
The employee suffered from rheumatoid arthritis and
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