The Labour Court rejected Alan Mcandrew’s appeal against DHL Supply Chain (Ireland) Limited over disability accommodation, harassment and victimisation. In a determination dated 14 November 2023, the Court found the appeal failed in all respects and varied the Adjudication Officer’s decision.
McAndrew said DHL should have removed him from night duties because of hypertension. He also alleged harassment involving remarks about his Scottish nationality and health, and victimisation over his shifts and a 20% pay reduction. The Court found DHL had accommodated his hypertension by assigning daytime duties without night work. It said there was no evidence DHL had been told about his claimed depression, and found his harassment allegations insufficiently supported.
The Court found McAndrew’s 10am-to-10pm shifts were within his contract. It also held the 20% reduction in pay was permitted because he could not perform the full range of his duties. His appeal concerned complaints under the Employment Equality Act.