The Workplace Relations Commission dismissed a worker’s discrimination complaint against a health care company in a decision dated 26 April 2016. The worker said she faced age and disability discrimination after a transfer of employment, a lapse in VHI payments and her eventual resignation. Her other complaints, including those concerning redundancy and transfer of undertakings, were withdrawn.
The adjudication officer said the worker had been treated poorly: the former employer had not openly explained the change in ownership, and the lapse in VHI payments could have been remedied sooner. The officer also found that the company should have engaged proactively with her about disability when her employment transferred.
The officer found that the worker had not established less favourable treatment on age or disability grounds. The failure to engage with her was not discrimination, and the officer found no basis to justify her resignation as constructive dismissal. The discrimination complaint was dismissed; the remaining complaints had been withdrawn.