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WRC rejects pharmacy technician’s constructive dismissal claim over mask rules

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Lindsey Toner was not unfairly dismissed after The Valley Pharmacy Limited Healthwise refused to let her return to work without wearing a face mask. The decision was dated 11 September 2023.

Toner said long Covid made it difficult to wear a mask for more than a few minutes and offered to wear a visor, putting on a mask briefly for customer interactions. The pharmacy said infection-control guidance for healthcare workers required masks and that other available duties also involved close contact with staff or customers.

The adjudicator found the pharmacy acted in accordance with prevailing medical advice and its infection-control requirements. Toner’s complaint was not well founded.

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