Mountrath Amalgamated Cep Ltd v Colm Mc Namee
Jurisdiction | Ireland |
Judgment Date | 16 January 2020 |
Judgment citation (vLex) | [2020] 1 JIEC 1609 |
Docket Number | FULL RECOMMENDATION DETERMINATION NO.EDA206 ADJ-00011006 CA-00015235-001 |
Date | 2020 |
Year | 2020 |
Court | Labour Court (Ireland) |
FULL RECOMMENDATION
ADE/18/77
DETERMINATION NO.EDA206
ADJ-00011006 CA-00015235-001
Labour Court
Chairman: Ms O'Donnell
Employer Member: Ms Connolly
Worker Member: Ms Treacy
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015
1. Appeal of Adjudication Officer Decision No: ADJ-00011006.
2. The Respondent appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts 1998 to 2015. A Labour Court hearing took place on 27 November, 2019.
The following is the Determination of the Court:
This is an appeal by Mr Colm McNamee against the decision of an Adjudication Officer in a claim of discrimination on grounds of Disability. The complaint was made pursuant to the Employment Equality Acts 1998–2015.
The Adjudication Officer held that the complaint was not well-founded.
In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Mr McNamee is referred to as the Complainant and Mountrath Amalgamated CEP Company is referred to as the Respondent.
The Complainant was employed with the Respondent as a Community Employment Scheme Supervisor from June 2006. He received a diagnosis of Dyslexia in October 2007, Asperger's Syndrome and Attention Deficit Hyperactivity Disorder in 2013 and Depression in 2014. In June 2016 the Respondent sought to engage with the Complainant in respect of a complaint they had received in relation to him. However, the Complainant shortly after the Respondent raised the issue with him went out on sick leave and remained on sick leave until his employment was terminated on the 12 th October 2017. It is his complaint that he was discriminated against on the grounds of disability when the Respondent failed to provide him with reasonable accommodation and that he suffered bullying and harassment. The Complainant lodged his claim with the WRC on the 18th February 2017. The cognisable period for the purpose of the Act therefore is 19 th August 2016 to the 18 th February 2017.
It is the Complainant's case that during the cognisable period that he made a request for reasonable accommodation in that he be supplied with Dragon Dictate. The cost attached to this request was not significant. However, the Respondent would not provide...
To continue reading
Request your trial