Labour Court awards scaffolding worker €13,600 in disability case

The Labour Court found that McCrory Scaffolding (N.I.) Limited discriminated against a scaffolding labourer on the disability ground when it dismissed him after two seizures at work. It awarded him €13,600, including €3,600 for economic loss and €10,000 for the effects of discrimination. The determination was signed on 16 March 2005. The company said it acted on health and safety grounds because the work involved building sites and heights, and there was no suitable alternative work. The Court acknowledged those concerns but found the company had not obtained or assessed medical evidence, arranged an independent examination, conducted a safety assessment or discussed its concerns with the worker. The Court also found the company had not considered reasonable accommodation before dismissal. It said the worker should have had the opportunity to provide test results and been told the likely consequences if he did not.