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Unnamed security guard wins €32,000 over accommodation and victimisation

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

An unnamed security guard won €32,000 after the WRC found a multinational retailer failed to provide reasonable accommodation and victimised him. The decision was dated 19 May 2016.

The guard worked for an agency supplying security services. He said he needed a chair during some shifts because of a knee injury and that his hours were cut after he requested one. The retailer said it was not his employer and that the chair had been removed so guards would focus on patrolling.

The adjudicator found the retailer was a provider of agency work and could be held responsible under the Employment Equality Acts. The retailer knew about the injury and had received a doctor's note, but did not consider the request. Restoring the chair would not impose a disproportionate burden. The adjudicator also found the store manager's response and cut in hours amounted to victimisation.

The WRC directed the retailer to pay €16,000 for failing to provide reasonable accommodation and €16,000 for victimisation, and to review its employment policies and procedures.

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