The Workplace Relations Commission found that Colin Kerwick had not established a case of disability discrimination against Kevin O'Leary (Clonmel) Limited. The decision, dated 29 June 2023, concerned claims including a failure to provide reasonable accommodation, discrimination and victimisation.
Kerwick said mechanics ridiculed him over his decision not to get vaccinated, and that problems after a car service increased his anxiety and left him feeling unsupported. He said the car was returned with loose wheel nuts and a vibration. The employer denied discrimination and said it had not been told of a disability or asked to provide accommodation.
The adjudicator accepted that Kerwick felt deeply unhappy at work and that management did little to improve the situation after the dispute about his car service. However, she found that he had not established a prima facie case of discrimination—a basic level of evidence that shifts the burden to the employer—and said he had not sought reasonable accommodation. The complaint therefore failed.