The Labour Court allowed a worker’s appeal and awarded her €40,000 after finding that a school failed to properly consider reasonable adjustments that could have enabled her to return to work. The determination was dated 12 August 2014.
The worker was employed as a special needs assistant at a school for children with disabilities. She also worked part-time in a secretarial role. After an accident left her unable to carry out some assistant duties, she argued that the school should consider redistributing tasks so she could do the work within her capacity. The school maintained that she could not safely perform the full range of duties.
The Court found the school had not properly considered reallocating duties, modified or part-time work, or continuing her secretarial role. It also found that she was not consulted before the school decided she could not return. The Court said the school had taken too narrow a view of its responsibility to consider reasonable accommodation. It allowed the appeal, set aside the Equality Tribunal’s decision and awarded €40,000 compensation.