Mountrath Amalgamated Cep Ltd v Colm Mc Namee

• Jurisdiction: Ireland
• Judgment Date: 16 January 2020
• Judgment citation (vLex): [2020] 1 JIEC 1610
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA207 ADJ-00007356 CA-00009793-001
• Date: 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Mountrath Amalgamated Cep Ltd

and

Colm Mc Namee

FULL RECOMMENDATION

ADE/18/72

DETERMINATION NO.EDA207

ADJ-00007356 CA-00009793-001

Labour Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 77 (12), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No: ADJ-00007356.

BACKGROUND:

2 2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 77(12) of the Employment Equality Acts 1998 to 2015. A Labour Court hearing took place on 27 November, 2019.

3 The following is the Determination of the Court:

DETERMINATION:

4 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.

5 The Adjudication Officer held that the complaint was not well-founded.

6 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.

Background

7 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.

Complainant's case

8 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 him...