Employer v EmployeePosted In: Case Law
Legal BodyWorkplace Adjudicator Service (WAS)
Type of Claim / JurisdictionDismissal, Absence and Sickness, 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 fibromyalgia, which affected her ability to sit at a desk for long periods of time. The employee was
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