The Workplace Relations Commission found that a biopharmaceutical company discriminated against a worker by failing to provide reasonable accommodation and by dismissing him. It awarded him €20,000 in compensation.
In a decision dated 13 April 2018, Adjudication Officer Patsy Doyle found the company should have explored changes to the worker’s shift pattern after medical reports recommended day work. The worker had sought a move from evening shifts, which he said were affecting his health. The company said no day-shift positions were available and argued it had considered his request and suggested lifestyle changes.
The officer found the company had not adequately considered the request or obtained follow-up occupational health advice. She also found the dismissal was directly related to the worker’s disability and that he had not had a fair opportunity to influence the decision or appeal. The company was recommended to introduce a reasonable accommodation policy and brief first-line managers on it within six weeks.