The Labour Court rejected St James' Hospital's appeal and increased compensation for disability discrimination against Cliona Love from €17,000 to €25,000. The determination was signed on 31 May 2016.
Love's employment as a member of the hospital's domestic staff ended on 30 August 2013 after an occupational health assessment found her unfit for her duties. She said the hospital discriminated against her by ending her employment and failed to consider reasonable accommodation. The hospital said it had adjusted her duties as her health deteriorated and that her departure was agreed.
The Court found that management and the occupational health physician had not considered whether Love could do other work or continue with modified duties or hours. It found the hospital had substantially failed to meet its duties under the Employment Equality Acts. The Court rejected the hospital's time-limit argument because it had not been raised at first instance. It said the discrimination would have profound consequences for Love and that returning to work was unlikely.