The Labour Court varied an Equality Officer decision on Pat McDonnell Paint Sales Limited’s appeal, finding that the company discriminated against Denis O’Flynn on disability grounds in his dismissal and failed to take appropriate measures to enable him to work. It ordered the company to pay him €10,000. The determination was dated 19 March 2014.
O’Flynn had worked for the company as a driver and later as a sales assistant. Medical advice said prolonged standing was unsuitable for him, while the company’s occupational health report said he could work seated. The company said no suitable seated position or alternative work was available.
The Court found the company assessed O’Flynn’s duties without involving him, did not share its analysis or discuss the conflicting medical evidence with him, and failed to fully assess accommodation and alternative work. It said the company had not fully met its responsibility to consult him and assess his needs. The Court also found O’Flynn contributed substantially to confusion about whether he wanted accommodation or a severance payment, and calibrated the compensation to reflect that contribution.