WRC rejects disability discrimination complaints against HSE

The Workplace Relations Commission found Damian Comer had not established a prima facie case of disability discrimination or victimisation against the Health Service Executive (HSE). The decision was dated 17 November 2023. Comer alleged the HSE failed to provide reasonable accommodation and victimised him in connection with his personal injuries claim. The officer considered the period from 24 March to 23 September 2020 and noted that the pandemic affected Occupational Health engagement. The HSE said it had obtained Occupational Health advice and discussed adjustments or alternative roles to support Comer’s return to work. The WRC also dismissed complaints about employment terms, minimum notice, pension discrimination, protected disclosure discrimination and annual leave. Comer withdrew four other complaints: constructive dismissal, dismissal, working time and the Pensions Act complaint CA-00040017-013. The officer found he had received his terms, could not identify actual changes to them, had not been dismissed and had not made a protected disclosure.