The WRC found that a bus driver was not discriminated against on disability grounds, his employer did not breach its duty to provide reasonable accommodation, and he was not constructively dismissed. The decision was dated 22 August 2023.
The worker resigned in August 2022 after being found medically unfit to drive a bus. He argued that the company had not properly considered other work and that its handling of his situation left him no choice but to resign. The company said it was awaiting a second medical opinion and had discussed alternative roles, but those roles also required bus driving.
The adjudication officer said HR should have acknowledged the worker’s emails more consistently, but found that its poor responses were not discriminatory. The worker resigned before the medical appeal concluded and had not raised a grievance before resigning. The officer found that he resigned of his own volition and that the company had not breached its duty to provide reasonable accommodation.