Senior Nurse v A Health Service Provider [2019]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality
Issues covered: Disability Discrimination; Awareness of Disability; Constructive Dismissal

Disability discrimination can be a minefield for employers.  The broad definition of "disability" within the Employment Equality Acts 1998-2015 ("the Acts") places a considerable legal obligation on employers. In order to rely on the protection in the Acts, an employee must be in a position to prove that the employer was aware of their disability at the relevant time.

The recent case of a Senior Nurse v A Health Service Provider (ADJ-00014052), which came before the Workplace Relation Commission provides some comfort to employers that they will not be liable if they were unaware of an employee's disability at the material time.

Background to the case

The complainant was a senior nurse

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This article is correct at 30/07/2019

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The Employment Team at DWF

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