WRC finds Hannah Duignan’s return-to-work complaint out of time

The Workplace Relations Commission found that Hannah Duignan’s complaint against Lough Rynn Castle Limited was brought outside the time limit and was not well founded; the merits were not decided. The decision was dated 19 October 2022. Duignan alleged that the hotel failed to make reasonable accommodation to facilitate her return to work after she went on long-term sick leave. She said she wanted to return and that the employer had not contacted or assessed her. The hotel argued that the complaint was out of time and that it had received no request from her to return before the complaint was made. The adjudication officer found no evidence that the employer knew Duignan wanted to return before she brought the complaint. The officer found it out of time and said, in the alternative, that Duignan had not established a prima facie discrimination case because she was certified unfit for work.