Employer v Employee
Decision Number: Legal Body: Workplace Relations Commission
Published on: 10/01/2017
Article Authors The main content of this article was provided by the following authors.
Elizabeth Mara Director - In House Employment Counsel, EY
Elizabeth Mara Director - In House Employment Counsel, EY
Elizabeth mara
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Background

Giving Reason to Reasonable Accommodation

A recent decision of a Workplace Relations Commission Adjudication Officer (“AO”) (ADJ – 00000508) considers the extent of an employer's obligation to make reasonable accommodation for an employee with a disability and finds that, taking into account the scale and resources of the employer and its engagement with the employee over a 9 month period, dismissal on the grounds of capacity was justified.

The facts of the case and the implications for employers are examined below.

Background

The employee suffered from rheumatoid arthritis and fibromyalgia, which affected her ability to sit at a desk for long periods of time.  The employee was absent on long-term sick leave for a period in 2013.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 10/01/2017
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