The Workplace Relations Commission found social care worker Liam McMullan’s disability discrimination, victimisation and protected disclosure complaints against Inspire Wellbeing not well founded in a decision dated 7 February 2023. McMullan said he was dismissed after an incident at work and alleged the decision followed concerns he had raised about care and a colleague’s conduct.
The adjudication officer found that McMullan’s acute stress met the statutory definition of disability and that the concerns he raised met the threshold for information in a protected disclosure. Those findings did not establish that the employer discriminated or penalised him. The officer found the employer ended his employment because of his conduct, including shouting, swearing, slamming a door, speeding away, leaving early and failing to complete notes—not because of a disability or protected disclosure. The officer also found the case did not concern conduct by a licensed property professional, as McMullan was a social care worker and Inspire Wellbeing provided social care services. All three complaints were dismissed. In plain terms, the disability claim required evidence supporting an inference that he was treated unfavourably because of disability; the officer found that link was not established.