Case Number: DEC-E2016-030. Workplace Relations Commission

• Docket Number: DEC-E2016-030
• Date: 15 February 2016
• Court: Workplace Relations Commission
• Parties: Barbara Nikodem -V- Jurys Inn Custom House

EMPLOYMENT EQUALITY ACTS DECISION NO: DEC-E/2016/030 PARTIES Barbara Nikodem Vs Jurys Inn Custom House (Represented by IBEC) File Ref: EE/2014/081 Date of issue: 15 February 2016 1. Dispute

1.1 This dispute concerns an allegation that the Respondent discriminated against the Complainant on the ground of her disability by failing to provide her with reasonable accommodation contrary to the provisions of the Employment Equality Acts and that her subsequent dismissal constituted discriminatory dismissal within the meaning of those Acts.

2. Background

2.1 The Complainant was employed as a member of the Respondent’s “guest service staff team” from August 2008 until July 2013. She worked primarily in hotel accommodation services and also in the restaurant area. The main functions associated with the Complainant’s role involved physical and manual cleaning duties.

2.2 The Complainant was absent from her employment due to a medical condition, which she describes as permanent damage to her spine, from August 2010 until the termination of her employment on 12 July 2013. The Complainant accepts that the damage to her spine is such that she will never be able to perform physical work again. However, she contends that she was not given “reasonable accommodation” by her employer and that her dismissal constitutes discriminatory dismissal on the ground of disability contrary to the provisions of the Employment Equality Acts.

2.3 The Complainant referred a complaint of alleged discrimination to the Equality Tribunal on 24 February 2014. In accordance with section 75 of the Employment Equality Acts, the Director, on 15 October 2015, delegated the complaint to me - Gary Dixon, Adjudication Officer/Equality Officer - for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts. This is the date on which I commenced my investigation.

2.4 Written submissions were received from each party. As required by Section 79(1) of the Acts, and as part of my investigation, I proceeded to a hearing on 28 October 2015. The hearing was adjourned at the...