The Workplace Relations Commission found that Howard Fox’s dismissal by the Office Of Public Works was fair and that the OPW did not discriminate against him on disability grounds. The decision was dated 13 August 2024.
Fox, a botanist, argued that his disability affected his ability to use the workplace clocking system and that the OPW should have made reasonable adjustments to help him remain in work. The OPW said attendance and clocking rules applied to staff and disputed the discrimination claims.
The adjudicator found there was no medical evidence during Fox’s employment or disciplinary process showing that a medical condition prevented him from clocking. The decision also noted that Fox first raised the claimed connection between his disability and clocking after the dismissal decision, during the appeal. The WRC found no breach of the Employment Equality Acts and made no compensation award.
Fox withdrew his separate victimisation complaint. The decision does not determine that withdrawn complaint on its merits.