The Workplace Relations Commission found that Abbot Close Nursing Home Ltd discriminated against healthcare assistant Thandekile Sulo in dismissing her and in failing to provide reasonable accommodation and access to employment. It ordered the nursing home to pay €10,000 for discriminatory dismissal and €12,500 for the other discrimination complaint. The WRC decision was dated 2 October 2024.
Sulo said she was offered a job and signed an employment contract, but could not progress to work after the nursing home sought occupational health reports without arranging a referral or explaining clearly what was required. The respondent said it needed medical clearance, references and training, and was seeking advice and a solution. Sulo withdrew other elements of her discrimination complaint at the hearing.
The adjudicator found that Sulo was constructively dismissed because of disability discrimination. She also found that the failure to arrange an occupational health referral was unreasonable and that obtaining the report would not place a disproportionate burden on the employer. The €10,000 award took account of Sulo’s short service. The €12,500 award also reflected the respondent’s failure to answer a request for material information.