The Labour Court overturned an Equality Officer’s decision and awarded a worker €5,000 after finding disability was a factor in his dismissal. The Court’s determination was signed on 21 May 2010.
The worker, a lorry driver, had been dismissed while absent from work after an accident. His employer said the dismissal followed performance and disciplinary concerns. The Court found a clear connection between the worker’s disability and his dismissal, noting there had been no further performance issues between a warning and the accident. It also found the employer had not made sufficient enquiries about the disability or considered a safety assessment or the worker’s concerns before dismissing him.
The Court concluded that the employer had not rebutted the presumption of discrimination. It upheld the complaint and ordered the employer to pay €5,000 compensation. The appeal was allowed, overturning the Equality Officer’s decision. The worker’s victimisation claim was not part of the appeal.