This article examines a recent decision of the Court of Appeal dated 31st January 2018 in the case of Nano Nagle School, Appellant, v. Marie Daly, Respondent,  [2018] IECA 11.

Why is this case important for employers?

The Court of Appeal in this case examined the interpretation of Section 16 of the Employment Equality Act 1998 as amended, concerning the scope of the obligation on employers to provide reasonable accommodation for employees with a disability in certain circumstances.  The case provides guidance on when it may be reasonable for an employer to determine that it may be open to them to terminate an employee’s employment due to incapacity.

Where is the statutory obligation on employers set out?

Section 16(1)