The Workplace Relations Commission (WRC) awarded Damien O'Sullivan €41,076 for disability discrimination by Fg Wilson Engineering (Dublin) Limited, finding the company failed to provide reasonable accommodation and discriminatorily dismissed him. The decision was dated 24 August 2022.
O'Sullivan worked as a service engineer. The company said he could not fulfil his duties and it could not guarantee safety at client sites. He said he was ready to return subject to safety measures, but the WRC found the company had not individually assessed possible accommodations or explored site safety measures with him.
The WRC said reasonable accommodation required an individual assessment of measures that could allow him to continue working. It ordered €41,076 in compensation for distress, equal to nine months' salary. A separate minimum-notice complaint was also upheld: the company was ordered to pay €4,213, subject to lawful deductions, for four weeks' notice.