This case concerns a claim of discriminatory dismissal on the grounds of disability. The complainant had applied for work through an agency and commenced work with the respondent. A number of months later the complainant suffered a heart attack. Following a meeting with the agency he was informed that the respondent was not prepared to wait until he recovered and was dismissed.
The respondent stated that it did not consider it had a responsibility to reasonably accommodate the complainant as he was employed through the agency. However, the Court held that the respondent had failed in its duty to the complainant. It found that the respondent had discriminated against the complainant on the disability ground which substantially and materially contributed to the circumstances which led to the termination of the complainant's employment with the agency. The Adjudication Officer's award was reduced from €42, 640 to €27,000.
https://www.workplacerelations.ie/en/Cases/2016/December/EDA1635.html
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