The Workplace Relations Commission found the Department Of Employment Affairs And Social Protection discriminated against Tracey Ahern by failing to properly consider her disability and workplace needs. In a decision dated 18 July 2023, it directed the department to pay her €10,000 compensation and take appropriate measures to enable her to return to work, unless those measures would impose a disproportionate burden.
Ahern, a Higher Executive Officer, sought to work in a blended arrangement from home and an office in Nenagh rather than her assigned office in Thurles. She said she needed quick access to a bathroom, which she could not readily get at the Thurles office. The department said it had identified a suitable office in Thurles and was willing to designate a bathroom for her use.
The adjudicator said the department had not obtained a medical assessment of the accommodations Ahern needed. It had also failed to show why allowing her to work from another location would be a disproportionate burden. The WRC found that the department had not rebutted the presumption of discrimination. It said the breach contributed to her extensive sick leave and significant income loss, although the loss was unclear. The order requires the department to engage with Ahern, establish her current needs and assess the options available to support her return.