The Labour Court dismissed Asim Mumtaz’s appeal against ESB International over claims of disability discrimination, harassment and victimisation. The determination was dated 19 November 2019, and the adjudicator’s decision was affirmed.
Mumtaz said he waited two and a half years for a new computer monitor and 13 weeks for a replacement phone. He also complained about questions at a return-to-work meeting and a later referral to the company doctor. ESB International said the delays were administrative or affected other staff, and that the referral followed its attendance policy.
The Court found Mumtaz had not established a case of disability discrimination based on the three incidents. It found the conduct at the meeting did not come within the harassment provision of the Employment Equality Acts. The doctor referral followed the attendance policy and was not penalisation. All three claims failed, and the appeal was dismissed.