The Workplace Relations Commission found that HSE Saolta Group discriminated against nurse Martina Collins by failing to properly assess reasonable accommodation for her return to work. In a decision dated 25 November 2024, it ordered the employer to assess what accommodation it could offer, if any, and explain the steps and relevant medical advice behind its decision.
Collins alleged that the employer had not made suitable lighter duties available. The HSE disputed that she had a disability under the Employment Equality Act and said there was no vacancy in palliative care, where Collins had proposed a transfer. The adjudicator found that her physical limitations constituted a disability and that the HSE had not adequately examined options in her ward or other nursing posts.
The adjudicator also found that Collins had been reluctant to engage meaningfully on accommodation in her ward, and that a transfer to palliative care could not be required without evidence of a vacancy. No compensation was awarded. The HSE was ordered to assess accommodation options within 28 days and explain any position on capability or disproportionate burden.