The Complainant, a general operative, was involved in a workplace accident in 2013 which necessitated his absence from work until he was declared fit to return to work, with limitations, by his own GP in June 2018.

While the Complainant acknowledged there were duties in his role that he could no longer perform there were nonetheless duties in the yard which he had done previously which he could have performed and he could also have worked part time, performed cash duties or driven a forklift which he had done previously. On November 26th the Respondent dismissed the Complainant stating that there was no suitable vacancy and the Complainant’s post need to be carried out on a full-time basis.  The complainant believed that the respondent intended to let him go because he had taken a claim against the company following the workplace accident.

The Adjudication Officer found that the Complainant had been unfairly dismissed. While it was not certain that a suitable role could have been provided to the complainant to meet his needs there was an onus on the respondent to give such an option every reasonable consideration, which he manifestly failed to do. The complainant was awarded the sum of €6180 compensation for his unfair dismissal.
https://www.workplacerelations.ie/en/cases/2020/february/adj-00021166.html