The Labour Court upheld the rejection of Maria Neary’s disability discrimination and reasonable accommodation claim against the Department of Employment Affairs & Social Protection in a determination dated 14 April 2021. Her appeal failed.
Neary argued that the Department failed to accommodate her return to work. The Department said she had not engaged with it to agree a return date.
The Court found Neary had a disability at the material time. It also found the Department was prepared to arrange a return-to-work meeting and phased return, but Neary did not engage with it about a return date. The Court concluded that the Department did not discriminate against her.