It is not unusual for workplace tensions, sickness absence and performance concerns to arise at the same time. A recent Irish Workplace Relations Commission case sheds light on when the duty to provide reasonable accommodations under the Employment Equality Acts 1998-2021 applies for employers where these issues coincide.
The case of A Candidate for Assistant Principal v A Government Department (ADJ-00052613) involved a public sector employee who was promoted in February 2023 with a 12-month probationary period to complete. Shortly after his promotion, he became the subject of two disciplinary matters relating to his use of social media in breach of the employer’s Code of Practice. Sanctions were imposed, and not long after, he commenced a period of sick leave. The medical certificates provided by the employee stated that he was unfit for work due to a “stress related illness.”
After a review with the Chief Medical Officer, the employee requested a transfer to a new division or to an alternative line manager for the remainder of his probation. This request was refused on the basis that the civil service probation guidelines do not generally allow transfers during probation.
The employee claimed this refusal amounted to disability discrimination. He claimed to be suffering from a disability that affected his mental health and that his transfer request should be seen as a request for a reasonable accommodation which the employer is obliged to provide...
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