The Workplace Relations Commission found against Edward Bourke on his disability discrimination and victimisation complaints against Kilkenny County Council. The decision was dated 21 March 2024.
Bourke said the council failed to find suitable redeployment after his pay-and-display cash collection role was privatised, offering positions he considered unsuitable or demotions. The council said it discussed redeployment with him and offered available roles, which it considered viable.
The adjudication officer found that the positions offered were the only viable options and were not offered because of Bourke’s disability. The officer also found that continued offers of some roles could amount to adverse treatment, but were not retaliation for a protected act. The disability discrimination and victimisation complaints were therefore not well-founded.
Bourke’s separate complaint under the Protected Disclosures Act was withdrawn at the outset of the hearing.