The Workplace Relations Commission found Bernard Carberry’s disability discrimination complaint against T. O` Huiginn & A Comlucht Teoranta T. O` Higgins & Co. Ltd was not well founded. Adjudication Officer Janet Hughes dated the decision 8 April 2022.
Carberry said staff at the company’s Galway store rejected his claimed exemption from wearing a face covering and asked him for proof. The company said it was enforcing public health guidance and offered a collection service so he could avoid entering the store.
The WRC found Carberry had provided no medical evidence to show that he met the Equal Status Act’s definition of disability. It said his statement that wearing a mask caused distress did not establish a disability under the Act. Carberry declined to provide medical evidence even after being offered an anonymised decision without details of his condition.