The complainant in this case is a producer with 'A Broadcasting Company'. She stated that she has suffered from back, shoulder and neck problems for the past twenty years which were exacerbated by a bike accident in Spring 2006. Her complaints revolved around various assignments which she said would exacerbate her condition and the alleged failure of the respondent to make reasonable accommodations in relation to those assignments.
In a lengthy decision, the EO found for the complainant in relation to reasonable accommodation and also that the respondent discriminated against the complainant when it placed her on leave and delayed her return to work. The EO awarded €40 compensation.Â
Interestingly, the EO also awarded: "that should the complainant's absence between September, 2008 and February, 2009 be recorded as sick leave, that this record be expunged and that the period should count as reckonable service for the purposes of the complainant's relevant employment entitlements." She further ordered:
"(iii) that the respondent provide the complainant with reasonable accommodation in respect of all future assignments in light of the jurisprudence on what is required in terms of that concept and the manner in which any decision on same is reached by an employer.
(iv) that the respondent's procedures for dealing with assignments of employees with a disability be reviewed and amended as necessary, but in particular to ensure that the personnel making the final decisions on assignments have copies of the actual medical opinion, with or without direct contact with the medical professional, so as to enable them make a fully informed decision. This review should be completed with four months of the date of this Decision, and
(v) that all personnel who have responsibility for making the decisions mentioned above receive appropriate training as regards employees with a disability and the rights and obligations of the parties under employment equality legislation when dealing with such a matter. This training should be completed in tandem with the aforementioned review but should not be completed longer than six months of the date of this Decision."
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