Mr. Kavanagh (complainant) Represented by O'Mara Geraghty McCourt Solicitors vs Aviance UK Limited (respondent) Represented by IBEC:
Equality Officer Decision DEC-E2007-039 (Coyle G.) 12th July, 2007
Employment Equality Acts, 1998-2004 Sections 6, 8 and 74(2) - Employment - Discriminatory Treatment - Reasonable Accommodation - Discriminatory Dismissal - Victimisation - Disability
The complainant was employed by the respondent as a Ramp Supervisor. He sustained an elbow injury in the course of his work and was out on sick leave for about a month when he was asked to attend the Company Doctor. During the course of his visit to the Company Doctor his cardiac condition was raised (the complainant had undergone a number of cardiac procedures). The Company Doctor expressed concern at the complainant's fitness to work where she held he carried out baggage handling activities. She consulted on various occasions with the complainant's consultant cardiologist. At no stage did the Company Doctor certify the complainant fit to return to work because of his cardiac condition. The respondent ultimately dismissed the complainant on medical grounds.
Conclusions and Decision:
The Equality Officer found that the respondent failed to provide the complainant with reasonable accommodation to enable him to return to work. The Equality Officer awarded the complainant €65,000 for loss of earnings resulting from the discriminatory dismissal and €60,000 compensation for stress suffered as a result of the discriminatory treatment and failure to provide reasonable accommodation. The Equality Officer did not find any evidence of victimisation in this claim.
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