Marie O Shea v Health Services Executive [2021]

Posted In: Case Law
  • Decision Number
    ADJ-00024740
  • Legal Body
    Workplace Adjudicator Service (WAS)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability discrimination regarding return-to-work; Duty to make reasonable accommodations

This case concerns an alleged failure of the Respondent to accommodate the Complainant with returning to work following an injury amounting to discrimination on the ground of disability under the Employment Equality Act.

The Complaint went on sick leave due to an arm injury in July 2018. The Complainant claimed that she was treated unfairly as she was denied the option to continue working for the respondent due to her disabilities. It was argued in support of the complainant's claim that if she had been provided with reasonable accommodations for her impairment, she could have returned to work and avoided the less-favourable treatment complained of. 

According to the medical

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This article is correct at 08/09/2021
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.

Kate Fallon
Workplace Relations Commission

The main content of this article was provided by Kate Fallon. Contact telephone number is 059 9178990 or email kate.fallon@workplacerelations.ie

View all articles by Kate Fallon