Labour Court increases Alzheimer Society discrimination award to €35,000

The Labour Court increased compensation to €35,000 for an anonymised nurse manager after disallowing The Alzheimer Society’s appeal against a disability discrimination finding. In a determination dated 1 March 2007, the Court also directed the Society to re-employ her as nurse manager when medically certified to return, without loss of service. The worker had been on sick leave and sought to return to her contracted role at the Society’s Drimnagh centre. The Society said restructuring had removed the post and offered alternative nursing roles, which she declined. The Court found the arrangements covering her absence were temporary and that the decision not to restore her role was influenced by her medical condition. The Society did not rebut the presumption of discrimination. The Equality Officer had ordered her restoration to the post and awarded €20,000. The Labour Court varied the remedy to €35,000, while finding she had not established that her inability to work during the relevant period resulted from the discrimination.