Marie Daly worked as an SNA in a special school for children with varying degrees of disability. The school has 12 teachers and 27 SNAs. 

Ms Daly commenced employment in 1998 and sustained a significant injury leaving her wheelchair bound in 2010. Ms Daly spent a number of months in the National Rehabilitation Hospital and was assessed as “fit to return to work on a phased basis”. 

The school required its own assessment by an occupational health expert. It led to a risk assessment by a Health and Safety expert to ensure Ms Daly’s “safe return to work”. Upon receipt of the risk assessment, the school sent Ms Daly back to the occupational health expert. He found the assessment