The Court had to decide whether or not the complainant was discriminatorily dismissed on the grounds of his disability and whether the respondent was in a position for the claimant to continue in employment. The complainant suffered from a series of brain haemorrhages which resulted in brain surgery, the complainant began to suffer from depression and developed an alcohol problem which resulted in him being medically diagnosed as an alcoholic. The complainant did not disclose his alcoholism to his employer but acknowledged that his employer was aware that he suffered with depression. 

The complainant conceded that as a result his attendance record was unsatisfactory which consequently resulted in him being processed through a disciplinary process by the Respondent. Upon