The Workplace Relations Commission found that Patrick O’Rourke was not discriminated against by De Puy Synthes Ireland Limited in complaints over disability accommodation and equal pay. The decision was dated 24 February 2023.
O’Rourke said the company failed to properly explore higher-paid roles after he returned from sick leave and that three colleagues doing the same work received more pay. He sought the L2 rate, while the company said occupational-health advice informed its assessment of suitable work and that it offered him a Wax Assembly role at the L1 rate.
The company said the offered role paid €760.04 gross a week, compared with €869.31 for the L2 rate O’Rourke sought. The officer found the Wax Assembly position was reasonable accommodation and that O’Rourke had not established disability discrimination. On equal pay, O’Rourke accepted that the pay difference arose from historical agreements and was unrelated to disability; the officer found he had not established unequal remuneration on that ground.