Senior Nurse v A Health Service Provider [2019]
Decision Number: ADJ-00014052 Legal Body: Workplace Relations Commission
Published on: 30/07/2019
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Sinead Morgan Legal Director leading DAC Beachcroft Dublin's employment team
Sinead Morgan Legal Director leading DAC Beachcroft Dublin's employment team
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Sinead Morgan is a Legal Director leading DAC Beachcroft Dublin's employment team. She advises on all aspects of employment law and IR issues from recruitment of employees to contract drafting and termination of employment. Sinead has experience acting for clients in varied sectors, to include manufacturing, retail, tech, insurance, professional services, recruitment and pharma. She is also experienced in defending employers before the Workplace Relations Commission (WRC), Labour Court, Circuit and High Courts. She regularly advises employers on various internal issues guiding them through complex investigations and disciplinary processes and resolving issues through dispute resolution processes such as mediation.

Sinead tutors in employment law for the Law Society of Ireland and presents on topical employment law issues for various bodies such as Legal Island, CIPD and CMG Training. She also provides tailored training sessions to her clients on key employment law issues impacting their sectors and provides strategic support in developing their own HR programmes. Sinead is also a regular contributor to various employment law publications such as Legal Island and the Industrial Relations News and an active member of the Employment and Equality Committee of the Law Society of Ireland.

Background

Disability discrimination can be a minefield for employers.  The broad definition of "disability" within the Employment Equality Acts 1998-2015 ("the Acts") places a considerable legal obligation on employers. In order to rely on the protection in the Acts, an employee must be in a position to prove that the employer was aware of their disability at the relevant time.

The recent case of a Senior Nurse v A Health Service Provider (ADJ-00014052), which came before the Workplace Relation Commission provides some comfort to employers that they will not be liable if they were unaware of an employee's disability at the material time.

Background to the case

The complainant was a senior nurse who started working with the respondent

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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 30/07/2019
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