The Labour Court overturned an Equality Officer decision and found that an employer discriminated against a worker on the disability ground. It instructed the employer to re-engage him from 11 February 2014, the date of the determination.
The employer said it had decided to dismiss the worker after a disciplinary process over attendance, before learning of his disability. At a meeting on 1 October 2009, the worker said his condition was being managed and he could return to work.
The Court found the employer knew of the worker’s condition when it reconsidered and continued with the dismissal. It also found that the employer failed to consider whether reasonable accommodation would enable him to work.