Before contemplating the dismissal of an employee with a disability, an employer should ensure that they are in possession of all material facts concerning the condition, including medical evidence, and carry out a thorough assessment in relation to the needs of the employee.   In this article, Elizabeth Mara, Associate Solicitor, LK Shields discusses a recent case in which the WRC concluded that a general ‘google search’ of the employee’s condition (dyspraxia) was insufficient grounds for forming an opinion about the individual’s condition or ability to perform the role in question.

The WRC has awarded 18 months’ pay for discriminatory dismissal and a failure to provide reasonable accommodation.

The Workplace Relations Commission (WRC) found that the employer’s enquiries into the employee’s