The Labour Court has allowed the Health Service Executive’s appeal and set aside an earlier decision in favour of Ms Margaret Hannigan, finding that the HSE did not discriminate against her on the disability ground. The determination was dated 14 September 2020.
Ms Hannigan said the HSE failed to provide enough suitable work after moving her from catering to clerical duties, reducing her hours and earnings. The HSE said it retrained and supported her, explored alternative roles and could not provide further hours when suitable work was unavailable.
The Court found the HSE provided training, tools and alternative roles and continued to look for suitable additional hours. It also noted that Ms Hannigan declined an offer of clerical status with an increased pay scale and improved terms. The Court held that reasonable accommodation did not require the HSE to maintain her former earnings when full-time work was unavailable, and found it had met its duty to accommodate her.