The Labour Court overturned a disability discrimination finding against the Department of Justice, Equality and Law Reform and upheld the Department’s appeal. Its determination was dated 14 June 2011.
William Kavanagh, a prison officer, had complained that the Department discriminated against him at work and failed to provide reasonable accommodation. The Equality Officer had found in his favour. The Department argued that Kavanagh was fit to work and that a transfer to a role without contact with prisoners would prevent him from performing the full range of a prison officer’s duties.
The Court found that the proposed transfer would not enable Kavanagh to perform the full range of his duties. It found that the Department had not discriminated against him on the disability ground.