The Workplace Relations Commission found that Anbuselvan Theagarajan was not discriminated against on the disability ground in a preliminary decision on one complaint against the Health Services Executive. The decision, dated 21 February 2023, concerned his claim under the Employment Equality Act 1998.
Theagarajan, a senior occupational therapist at Our Lady of Lourdes Hospital in Drogheda, said he was removed from clinical duties after returning from extended sick leave and faced discrimination in his employment conditions and promotion, as well as harassment. The HSE disputed that he had a disability or had notified it of one or required accommodations.
The WRC said the evidence did not establish facts that raised an initial presumption of disability discrimination. After requesting medical material, the adjudication officer said the representative could not identify independent medical verification that Theagarajan had a disability. The officer also found that a GP certificate stating he was fit to return to normal duties did not refer to disability or accommodation.
The preliminary ruling dealt only with complaint CA-00035129-001. The other complaints against the HSE remain for a future hearing.