Latest in Employment Law>Case Law>A Store v A Worker [2016]
A Store v A Worker [2016]
Published on: 02/11/2016
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Background

This case involved an employee who was diagnosed with Multiple Sclerosis during the course of her employment. Following her diagnosis, she went on sick leave.

A year later her GP certified her as fit to return to work, conditional on her being put in an alternative role more suited to her condition. However, the employer stated that she would have to be certified fully fit to perform her current role in the bakery department in order to return to work. Accordingly, the complainant did not return to work.

The Court held that employers have an obligation to consider reasonable accommodation of workers with disabilities and they must make an informed and considered decision about all the options so as to ascertain what is or is not possible, reasonable and proportionate. The Court concluded that the respondent had not given adequate consideration to the possible adjustments that could have been made and awarded the complainant €30,000 in compensation.

https://www.workplacerelations.ie/en/Cases/2016/October/EDA1629.html

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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 02/11/2016