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ARTICLE · 08 MARCH 2016

Disability And The Employer: "All That Is Reasonable?"

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

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The High Court recently affirmed a decision of the Labour Court which awarded an employee €40,000 for failure by her employer to give full and proper consideration to options of reasonable accommodation.

IrelandEmployment and HR
Mason Hayes & Curran
Mason Hayes & Curran
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The High Court recently affirmed a decision of the Labour Court which awarded an employee €40,000 for failure by her employer to give full and proper consideration to options of reasonable accommodation1.

Background

The employer is a school for children with various levels of physical and intellectual disability. The employee, Ms Daly was employed as a Special Needs Assistant ("SNA"), and she also worked as a part-time secretary at the school. Following an accident, Ms Daly was paralysed from the waist down and now requires a wheelchair. She was one of twenty seven SNAs working at the school. An occupational health specialist engaged by the school determined that Ms Daly was not capable of undertaking all of the duties of an SNA. Ultimately,the school dismissed Ms Daly on the basis that she lacked the capacity to carry out the full extent of an SNA's duties. It is important to note that the school did not consult with either Ms Daly, or with the other SNAs as to

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