The Labour Court set aside a €65,000 compensation award to paramedic Marie O’Shea after finding that neither part of her disability discrimination complaint succeeded. The Court’s decision was dated 3 November 2022.
The Health Services Executive appealed an adjudication officer’s decision that upheld O’Shea’s complaint and awarded compensation. O’Shea said the HSE had failed to accommodate her return to work after a wrist injury, including by not providing suitable alternative duties sooner. The HSE argued that it had met its obligations and relied on occupational health assessments finding her unfit for normal paramedic duties.
The Court found O’Shea had not shown that colleagues placed in alternative roles were redeployed sooner. It also accepted that paramedics must be able to perform the full range of clinical duties and handle patients and equipment safely. The Court found the HSE was justified in relying on regular medical assessments and arranged a graduated return when O’Shea was fit. It set aside the adjudication officer’s decision in full.