The Workplace Relations Commission found that Kieran Glynn’s unfair dismissal complaint was not well founded and that his employment ended when he resigned of his own volition. It also found his disability discrimination, harassment and victimisation claims unsuccessful, while finding it had no jurisdiction to examine his reasonable accommodation claim.
The decision, dated 29 March 2023, followed hearings in 2021 and 2022. Glynn had worked as a binman for Ray Whelan Limited from 1998. He said the company excluded him from work over health concerns, removed him from bin-lorry duties and dismissed him. The company said he resigned and that it sought medical assessments because of fitness and workplace safety concerns.
The adjudication officer found Glynn had a disability but had not established facts supporting discrimination, harassment or victimisation. The reasonable accommodation claim was received outside the statutory time limit, so the WRC found it had no jurisdiction to investigate that claim. The merits of the other complaints were decided, and all were unsuccessful. The decision made no compensation award.