Refusal to Allow Return to Work after Illness is Deemed a Discriminatory Dismissal on the Disability Ground

Posted in : Labour & Superior Court Case Law Review Panel on 15 August 2016
The Employment Team at RDJ
Issues covered:

Tom Moloney Limited trading as Squire Maguires v Mr Thomas Keogh [2016] Labour Court Determination ADA 1617


This case relates to an Appeal to the decision of the Adjudication/Equality Officer upholding a complainant’s claim that he was constructively dismissed from his employment as a barman in a public house in Limerick.

The complainant worked full time as a barman in the respondent’s premises from August 2008 until October 2012, when he alleged that he was constructively dismissed due to a disability from his job. The complainant had attempted to take his own life on two occasions and was undergoing treatment during a one-week absence from work between 15th and 22nd

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This article is correct at 15/08/2016

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The Employment Team at RDJ

The main content of this article was provided by The Employment Team at RDJ. Contact telephone number is + 353 21 480 2700 or email

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