In her day to day practice, Deirdre advises on all aspects of employment, equality and industrial relations law. Appearing regularly before the Workplace Relations Commission, the Courts and the Data Protection Commission on behalf of clients, Deirdre is an experienced, robust and practical advocate. In recent years, Deirdre developed a niche practice in the areas of employment and data protection with particular experience in dealing with contentious data subject access requests, employment related privacy data breaches, regulatory investigations by the Data Protection Commission and enforcement actions involving criminal sanctions in the data protection space.
In this Hot Topics Article, we look at recent case law for lessons on how an employer can successfully defend a claim of discrimination where an employee has a legal disability. The Nano Nagle v Daly [2019] IESC 63 Supreme Court decision has crystallised reasonable accommodation and the duties of employers in complying with Section 16 of the Employment Equality Acts 1998-2015 (EEAs). While this case is now waiting for a full rehearing before the Labour Court, the Supreme Court decision offers employer’s useful guidance and welcome clarity. For example, it is now clear that an employer does not have to create a new role for a (legally) disabled employee. It is also clear that an employer’s adherence
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