This case involved the same claimant as in the Arravasc case but was taken against the Agency, rather than the end user. It concerned a claim that the complainant was discriminated against on the disability ground and was dismissed as a direct consequence.

The complainant suffered a heart attack and claimed that the agency failed to make any reasonable accommodation for him, instead they dismissed him with undue haste. The respondent claimed that the complainant did not suffer a disability as a heart attack was not a disability under the Acts. They further argued that the event of the heart attack was not the reason he was terminated but the fact of his uncertain temporal absence from work was.

The Court held that the complainant's condition did amount to a disability. The Court also found that the respondent did not adequately consider all available options on how to accommodate the complainant, therefore discriminating against the complainant based on his disability. The decision of the Adjudication Officer that there was no discrimination by the agency was set aside and the Labour Court awarded compensation in the amount of €15,000.

https://www.workplacerelations.ie/en/Cases/2016/December/EDA1634.html