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WRC rejects disability discrimination complaint over GP practice mask rules

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Rialto Medical Centre did not discriminate against Shivaun Mooney when she was asked to wear a mask or wait downstairs during the Covid-19 pandemic. The decision, dated 30 January 2023, said the complaint was not well founded.

Mooney said she had explained that she was exempt from wearing a mask, but was told to wear one or go downstairs. Her 83-year-old mother stayed upstairs and attended the appointment without her. The practice said no service was denied and that the request to wait downstairs was made amid public health concerns in a busy clinic.

The adjudicator accepted that Mooney could not wear a mask for health reasons and had raised her exemption with the practice. However, the decision found it reasonable to reduce the risk of Covid-19 transmission among elderly and vulnerable patients in an enclosed, busy setting. It found no disability discrimination or harassment under the Equal Status Act.

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