The Workplace Relations Commission ordered Kilkenny County Council to pay Cian O Sullivan €15,000 after finding it discriminated against him on the disability ground and failed to provide reasonable accommodation. The decision was dated 30 January 2024.
O Sullivan, a general operative, said the Council offered him seasonal grass-cutting work for one and a half days a week when he sought to return to full-time duties. The Council said it could not identify other suitable work given the medical advice and the physical demands of his role.
The adjudication officer found the Council had not adequately assessed his duties and capabilities before making that offer, or properly reviewed the arrangement when the grass-cutting season ended. Reasonable accommodation means practical measures that enable a disabled employee to work, unless they impose a disproportionate burden; it does not require an employer to create an entirely new job.
His separate victimisation complaint was not well founded. The officer accepted that the Council was entitled to seek occupational health assessments before his return and found its referrals followed its policy.