The Workplace Relations Commission found Karl Griffin was not discriminated against by Bus Átha Cliath (Dublin Bus) in a disability complaint about shift arrangements and reasonable accommodation. The decision, dated 5 July 2022, says the employer’s request for flexibility of up to two hours in shift start and finish times was reasonable.
Griffin said changes to his daytime shifts could disrupt the regular sleep pattern he relied on to manage sleep apnoea, and that this raised safety concerns about driving. Dublin Bus said it remained willing to accommodate him but could not agree to his demands. The WRC noted that the employer had assigned him daytime work starting at 10am and later placed him on a daytime No. 83 route after the 17A route was lost.
The adjudicator was not persuaded Griffin had made out a prima facie case of discrimination. The decision says he was not asked to work hours that would fail to accommodate his sleep apnoea, and that exploring the limits of reasonable accommodation did not amount to discrimination.