Courts / Kildare / Report

Developer ordered to pay €35k for discriminatory dismissal of elderly worker

Date
2023-10-19
Stage
Hearing Or Decision
Primary locality
Kildare
County
Kildare

Summary

A property developer was ordered by the Workplace Relations Commission to pay €35,000 to a medically vulnerable construction worker who was dismissed in August 2020 after taking sick leave during the Covid‑19 pandemic. The worker, described as an elderly gentleman with chronic obstructive pulmonary disease, had been on sick leave in May and June 2020 and received a two‑week notice of redundancy in July 2020. He claimed the dismissal was discriminatory under the Employment Equality Act 1998, arguing he was selected because of his age and ill health. The company denied any discrimination, citing that the worker was not required on site due to the development stage and that no formal redundancy consultation had taken place. The WRC found the evidence showed the dismissal closely followed his return to work and that the employer had not provided mitigation or alternative positions.

Who, what, where, when and why

What: Report matter: Developer ordered to pay €35k for discriminatory dismissal of elderly worker. Procedural stage: hearing_or_decision

When:

Why: His lawyers said their client was an "elderly gentleman" suffering from chronic obstructive pulmonary disease (COPD) who had been confined to home during the pandemic because of his "particular vulnerability" to Covid-19. CNI source report

Places mentioned

Secondary Mention

Topics

Stage Hearing Or Decision

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Read the original CNI report

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