The Workplace Relations Commission found the complaints of Martin McEvoy, a porter with the Health Service Executive, were not well founded. In a decision dated 26 October 2023, it found the HSE had not discriminated against him on disability grounds. McEvoy had alleged that after moving from theatre to general portering, he lost access to overtime because of his disability. He also complained of victimisation and a failure to provide reasonable accommodation.
The HSE said McEvoy retained the Theatre Porter pay scale and was accommodated with day shifts. It also said medical certification was needed before he could work overtime in theatre without risking his health. The adjudication officer found McEvoy had not established a prima facie case of disability discrimination. In plain terms, he had not presented enough evidence to support that claim. The officer also found no protected act for the victimisation complaint and said the HSE had reasonably accommodated him. The decision records that McEvoy earned €502.81 in overtime in 2021; that figure was not an award. The HSE said McEvoy had withdrawn an earlier complaint in December 2021.