The Workplace Relations Commission ordered Bausch Health Ireland Limited to pay Tanya Phelan €7,000 after finding that its 3.5% absence threshold indirectly discriminated against her. The decision was dated 25 March 2024.
Phelan, who had worked for the company since 1998, was not shortlisted for a permanent sterilisation operator role after an extended absence following hip surgery. She argued that disability-related sick leave was counted against her despite her skills and experience. The company said its 3.5% attendance threshold applied to all employees and was used in recruitment shortlisting.
The officer found no direct discrimination because the threshold applied universally. However, the rule operated to the disadvantage of Phelan because of her disability, and the complaint of indirect discrimination was upheld. The company was ordered to pay compensation for the effects of discrimination and revise the rule to account for its potential discriminatory effect.