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WRC awards worker €15,000 over failure to accommodate disability

By Rory Hanlon

Workplace Relations Commission ·

The WRC found that an employer failed to provide reasonable accommodation to a worker with a disability and awarded him €15,000. In a decision dated 22 July 2016, it also directed the employer to return him to its payroll for six months while they discussed a resolution.

The worker held a safety-critical role but could not return to it under medical restrictions. He said the employer had not acted on a recommendation that he resume restricted duties or explored suitable alternative duties thoroughly. The employer said it had considered options but found available work unfeasible given the restrictions.

The WRC found the employer had not thoroughly explored alternatives or engaged sufficiently with its medical and human resources staff to find an accommodation. It also found that the employer had allowed the dispute to reach an impasse without meaningful discussions with the worker and his union. The €15,000 was compensation for the effects of discrimination.

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