The Equality Tribunal awarded Elizabeth Graham €18,720 after finding that Atolvo Enterprises Limited discriminated against her on disability grounds by dismissing her while she was recovering in hospital. Equality Officer Orla Jones dated the decision 27 April 2012.
Graham worked part-time for the company. After she told it she would need surgery, the company sent her a get-well card, then dismissed her while she was in hospital, saying it was uncertain when she could return and that it had hired full-time staff. The officer found the company knew of her disability but made no enquiries about her recovery or return to work. Graham said she could have returned after five weeks.
The officer found the dismissal was because Graham was absent due to her disability and the company perceived uncertainty about her return. She also found that the lost opportunity to move to full-time hours followed from the discriminatory dismissal rather than a separate discriminatory decision. The disability claims about conditions and promotion were not upheld. The age and gender claims about dismissal, conditions and promotion also failed because they were not substantiated. The award compensated Graham for distress caused by the discriminatory dismissal.