Nano Nagle School v Daly [2019]

Posted In: Case Law
  • Decision Number
    IESC 63
  • Legal Body
    Irish Supreme Court (IESC)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Employment Equality Act 1998 (As Amended); Disability Discrimination; Reasonable Accommodation; Alternative Employment; Core Duties; Evaluation of Evidence

This well-known case regarding a special needs assistant at a school in Co Kerry has been considered by the Supreme Court, having previously been considered by the then Equality Tribunal, the Labour Court, the High Court and the Court of Appeal, the last of which had ruled in favour of the school and had overturned a decision of the Labour Court to find in favour of the employee and awarded €40,000.

This judgement is an important one that sets out principles involved in the requirement to consider reasonable accommodation when employees are disabled. Unfortunately for the parties, the outcome was that the case has been referred back to the Labour Court, effectively the sixth time a court

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This article is correct at 02/08/2019

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