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WRC finds quality analyst’s disability complaint was out of time

By Fionn Kelly

Workplace Relations Commission ·

The Workplace Relations Commission found a quality analyst’s disability discrimination complaint was brought outside the time limit; the merits were not decided. The decision was dated 20 April 2018. The analyst said his pay fell to 66% during sick leave and stayed at that level when he returned on a four-hour phased schedule. He alleged that others on sick leave were treated more favourably. The pharmaceutical company said its policy provided 12 weeks of full sick pay in a rolling year and that full salary was restored when his hours rose above 66% of normal hours. The WRC treated the claim as one of discriminatory treatment, rather than equal pay, because the complaint narrative described a pay reduction linked to sick leave. It found the last alleged discriminatory act occurred, at the latest, on 3 November 2016, when the company communicated its decision. Referred on 1 June 2017, the complaint was outside the six-month limit.

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