Providing "Reasonable Accommodation" To Employees With A Disability

A recent decision of a WRC Adjudication Officer found an employer had failed in its obligation to provide reasonable accommodation to an employee with a disability. We examine the facts of the case and the likely implications for employers.

In this case, ADJ-00001672, AO: Ray Flaherty, the employer was ordered to return the employee to their payroll for six months and to pay the employee €15,000 in compensation for the “effects of the act of discrimination”. During this six month period, the parties were directed to “engage in direct and meaningful discussion” to find a reasonable and definitive resolution of the matter.

Background

The employee was diagnosed with epilepsy in 1997. However, he had not suffered an epileptic episode since 2001.The employee started working for the employer in 2004, in a “safety critical role”.  He did not disclose his pre-existing epilepsy condition prior to the commencement of his employment. He continued in this role until January