The employee was subject to a TUPE transfer. The new employer introduced a new sick pay scheme, where up to 4 uncertified sick days in any year would be paid. Prior to the introduction of this policy to company had paid staff who were out sick. The complainant had been diagnosed with depression. The complainant had been off sick some 26 days and was given a final warning.

The complainant later went on indefinite sick leave and he was offered one month's notice and an additional two months' compensation. He argued that the respondent should have shown some reasonable accommodation due to his disability.

The respondent offered evidence that the complainant had had only 6 certified days in 26.5 days' absences. The respondent's reason for dismissal are as unusual as they are varied:

" The respondent submitted that the decision to terminate the complainant's employment was supported by the following reasons: 
1. the nature of the respondent work dictates that it was necessary to have reliable staff as the work is of such nature that any delay in getting it done could affect the respondent's client's business. 
2. the disrespectful manner in which the complainant spoke to his mother at the meeting,
3. the fact that he was attending anger management; and 
4. the complainant's statement that his medical advisors were of the opinion that it was the workplace that was making him ill."

The Equality Officer concluded that the complainant had not informed the respondent of his disability until two days before his dismissal. Nonetheless, the respondent should have taken the disability into account before taking action to dismiss. The award of €5000, approximately 2 months gross salary "reflects the fact that I [the Equality Officer] am satisfied that the complainant exasperated the situation by failing to notify the respondent of his disability in a timely manner."

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