The Labour Court overturned a €7,500 award to Thomas Hickey, setting aside the finding that the Houses Of The Oireachtas had failed to make reasonable accommodation. The Court’s determination was dated 11 June 2019.
Hickey, a civil servant and Deputy Head Usher/Events Manager, had sought a third deferral of a promotion interview while absent through illness. The Adjudication Officer found the employer should have deferred the interview, awarded Hickey €7,500 and directed the employer to liaise with the Commission for Public Service Appointments on procedures for staff on sick leave applying for promotion.
The Labour Court found the illness was relatively short and that no medical report established its extent, duration or chronic nature. It concluded Hickey had not established that he had a disability under the Employment Equality Act. The appeal succeeded and the Adjudication Officer’s decision was set aside in full.