The Workplace Relations Commission found that Apcoa Parking Ireland Limited discriminated against Declan Mcmullan by dismissing him because of his disability and awarded him €18,000 for the effects of discrimination.
The decision, dated 13 October 2022, concerned Mcmullan’s dismissal shortly before scheduled shoulder surgery. He said he needed time away from work to recover; the company rejected the discrimination allegation and said attendance concerns prompted the dismissal.
The adjudicator accepted that the shoulder injury and recovery period were covered by disability protections. The company knew about the injury and surgery but was unwilling to allow a post-operative recovery period as a reasonable accommodation. The adjudicator found disability was a significant factor in the dismissal and that the company had not rebutted the inference of discrimination.