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Disabled worker dismissed during pandemic because she couldn't work longer hours, WRC finds

Summary

During the COVID‑19 pandemic, Kerry Sandwiches Ltd, trading as O'Brien's Irish Sandwich Bar, dismissed Emma O'Connor, a disabled catering assistant, because she could not work enough hours to qualify for the government's Employment Wage Subsidy Scheme. O'Connor, who had been injured in a 2017 road accident and had a physical disability, had returned to work a 12‑hour week from September 2017, earning €120 a week. The company's operations manager informed her on 29 August 2020 that the owners intended to dismiss anyone who would not benefit from the new subsidy, and on 2 September confirmed her dismissal. The Workplace Relations Commission found the dismissal discriminatory, ordered the company to pay €3,200 for discrimination, €480 for failure to give minimum notice, and €18.80 for under‑minimum wage hours, totaling €3,698.80. The company was also ordered to pay over €3,600 in total compensation.

Who, what, where, when and why

What: Report matter: Disabled worker dismissed during pandemic because she couldn't work longer hours, WRC finds. Procedural stage: hearing_or_decision

When:

• September 2017 Hearing Or Sentence
• September 2020 Other
• 29 August 2020 Other
• 31 August Other
• 2 September Other
• 2022-06-01 Publication

Why: An O'Brien's Sandwich bar franchisee dismissed a disabled worker during the pandemic because she couldn't work enough hours to allow it claim a government employment subsidy, the Workplace Relations Commission has found. CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report