This is a complaint of disability discrimination. The complainant was employed as a waitress for about 6 weeks in September and October 2009. She did not mention her disability at the time of the interview because she felt that it would not affect her work but the Tribunal accepted her evidence that she did mention it to some of the staff and her supervisor in a social context after a few weeks, by which time she had received a favourable assessment of her work from her manager.

She claimed that criticisms of her work only began after her disability became known in the workplace. After six weeks, she was dismissed, according to the respondent, for poor performance.

The Tribunal accepted the medical evidence of the complainant’s disability and applied well-established principles on the burden of proof. The complainant’s evidence was ‘convincing’. The employer failed to rebut the presumption of discrimination. A HR Manager gave evidence but not the managers responsible for her assessment. The complainant had signed a written contract shortly before her dismissal. She had received no training and the disciplinary procedure had not been followed. The company continued to recruit waitresses after the complainant’s dismissal.

The Tribunal was therefore satisfied that her dismissal was because of her disability. A claim of reasonable accommodation was dismissed as the complainant’s disability did not affect her work. She was awarded €7,000, being approximately 6 months’ wages, in compensation for the effects of the discriminatory dismissal.

http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-106-Full-Case-Report.html