This case centres on the sick absences of the complainant while he was employed for 8 months with the respondent.  During that time he was absent for 23 days for a variety of issues.  His final certificate referred to stress and depression.  The Equality Officer found that the complainant was suffering from a disability as set out in the Acts.

Ten of the absence days were in respect of the disability, depression.  The Equality Officer proceeded to consider if it was reasonable for the respondent to terminate the complainant’s employment based on the remaining 13 days absence and found that it was not.  As the respondent was aware of the complainant’s disability and because he was dismissed seven days after the respondent was made aware of the disability, and because the disability was a major contributor to the complainant’s absences (10 of 23 days) the Equality Officer found that the complainant was discriminatorily dismissed.  As the dismissal took place with 7 days of knowledge of the disability the Equality Officer stated that it was clear that reasonable accommodation was never considered and found that the employer had failed to provide reasonable accommodation.

The complainant was awarded €22,000.

Why is this case of interest?