Employer v Employee

Posted In: Case Law
  • Case Reference
    ADJ-00000508
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Dismissal, Absence and Sickness, Discrimination
Issues covered: Disability; Dismissal

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. 

Background

The employee suffered from rheumatoid arthritis and fibromyalgia, which affected her ability to sit at a desk for long periods of time.  The employee was

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This article is correct at 10/01/2017
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Elizabeth Mara
LK Shields

The main content of this article was provided by Elizabeth Mara. Contact telephone number is +353 1 661 0866 or email emara@lkshields.ie

View all articles by Elizabeth Mara