The Workplace Relations Commission ordered Avista clg to pay care worker Derbhala Dwyer €10,000 after finding she was discriminated against because of her disability. In a decision dated 17 July 2023, the WRC found the employer had not met its duty to consider reasonable accommodation, or workplace measures that could help her return to work.
Dwyer said she wanted to return to work, but workplace assessments were carried out without her involvement. Avista said occupational health advice and workplace reviews informed its response, and that it eventually identified an administrative role. The WRC found the employer had not adequately explored a restricted role or engaged with Dwyer about suitable measures. It said an employer need not create an entirely different job, but must assess whether appropriate measures are reasonable and proportionate.
The discrimination finding covered the six-month period before Dwyer referred her complaint to the WRC. The compensation was for the effects of discrimination, not unpaid wages.