The Workplace Relations Commission found Brigid Walsh’s disability discrimination complaint against Riu Plaza The Gresham Dublin Hotel was not well founded. The decision was dated 4 October 2023. Walsh had also complained that the hotel failed to provide reasonable accommodation after shoulder surgery and dismissed her on discriminatory grounds.
Walsh said she wanted to return to work and that the hotel had not done enough to find alternative duties. The hotel said no suitable sedentary or semi-sedentary roles were available and relied on medical advice that she could not return to her former job. The officer accepted that Walsh had a disability, but found the hotel had made reasonable inquiries and no compatible alternative role could be identified or made suitable with reasonable accommodation.
The officer found the hotel met the tests for a fair termination on incapacity grounds. Walsh’s separate complaint under the Unfair Dismissals Act was withdrawn.