The Labour Court upheld John Cotter’s disability discrimination complaint against Limerick and Clare Education and Training Board, ordering it to pay him €7,500 and assess his medical capacity and accommodation needs if he was fit to work. The determination was signed on 15 May 2014.
Cotter appealed an Equality Officer decision that had found no discrimination. He said he was certified fit to return to work on a phased basis, but the Board said it needed further medical information before permitting his return.
The Court found the Board relied on a report that was about 12 months old and did not arrange an updated or independent assessment. It said the Board failed to investigate the accommodation Cotter sought. The Court found the gender complaint not well founded, treating the classroom incident as a professional judgement issue, and found no connection between the Board’s actions and his earlier or later equality complaints in dismissing victimisation.