The Labour Court upheld the Irish Prison Service’s appeal and overturned a €40,000 compensation award to prison officer Robert Cunningham. In a determination dated 2 September 2024, the Court set aside the earlier decision after finding that Mr Cunningham had not established he had a disability during the period covered by his complaint.
Mr Cunningham’s complaint alleged disability discrimination because the Service did not provide reasonable accommodation to help him return to his prison duties after surgery. He argued that the Service’s policy prevented his return. The Service said he had not established that he had a disability at the relevant time and had not disclosed his surgeon’s advice about returning to work.
The Court considered medical reports and evidence from specialists who disagreed about whether he had a disability in 2015. It said Mr Cunningham had to establish that point and found he had not done so. Because the Court did not find that he had established a disability, it did not go on to decide whether the Service had failed to provide reasonable accommodation. The earlier €40,000 award was overturned, so it is no longer payable under that decision.