A Public Service Employer and a Worker (EDA1410)
Decision Number: Legal Body: Workplace Relations Commission
Published on: 07/12/2015
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

This case was handled in the Equality Tribunal Decision DEC-E2013-083.  In short, the complainant was a medical secretary suffering from diverticular disease and a debilitating bowel condition.  She had an office adjacent to toilet facilities but was moved.  She was awarded €70,000 by the Equality Tribunal.

On appeal, the Labour Court considered the issues and upheld the failure to provide reasonable accommodation for the period 2007 to 2010 after which the employer was found to have considered the issue and “in many respects their response was a model of how an employer should respond in the type of situation with which they were presented”.  Accommodations were offered but the complainant rejected them all.   The Court

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 07/12/2015
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