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Labour Court awards Robert Tkac €10,000 over accommodation failure

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court awarded Robert Tkac €10,000 after finding Queally Pig Slaughtering Limited T/A Dawn Pork & Bacon failed to properly consider reasonable accommodation for his disability. The determination was dated 11 July 2016.

Tkac appealed against an Equality Officer decision. The Court found that he had resigned and had not established that he was treated less favourably or dismissed because of race or disability. It also found that the employer had refused to consider accommodation options before he left.

The Court said the company should have considered possible adjustments and obtained an up-to-date, comprehensive medical report. It did not determine that any particular adjustment had to be made. The Court also noted that Tkac had contributed somewhat by not proposing a meaningful accommodation option. It varied the Equality Officer’s decision and directed the company to pay €10,000 for the failure to consider accommodation.

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