The Labour Court rejected Ms Rebecca Tracey’s disability discrimination appeal against Dublin Simon Community, confirming the decision that she was not discriminated against. The Court dated its determination 5 July 2022.
Tracey worked as a project worker from November 2018 until her employment ended in May 2019. She alleged that her dismissal was linked to disability and that the organisation failed to provide reasonable accommodation. Dublin Simon Community said her employment ended because she did not satisfactorily complete probation.
The Court found Tracey had a disability during the relevant period. But it said she had not proved the initial facts needed to raise an inference of discrimination. In discrimination cases, that initial showing is required before the employer must prove there was no breach of equal treatment. The Court therefore found no disability discrimination, confirmed the adjudication officer’s decision and rejected the appeal.