In this case a claim was made by the Complainant that she was subjected to discriminatory treatment in her working conditions by the Defendant on the grounds of disability. In late 2002, the complainant was diagnosed with breast cancer. In addition, she developed lymphedema affecting both her arms, resulting in the development of acute and chronic health difficulties. Up to September 2009 she worked in a community residential house, however in or around April/May 2009 the complainant states that she started to experience negativity from the Assistant Director of Nursing at Unit A.

The complainant met Dr D regarding her concerns; however the complainants’ solicitor submits that Dr D failed to engage with the complainant, pushing her towards retirement. The complainant’s solicitor stated that the complainants’ particular concerns due to her illness were ignored. The complainant was directed to take administrative leave, affecting her pension. The Complainant suffered from injuries and severe depression. Eventually her retirement was brought to an end and she was forced to retire early from work at 59.

The respondent submits that many options were offered to the complainant to facilitate a return to work, including a placement at unit C, however these offers were rejected. The respondent also denies that the complainant was discriminatorily dismissed from her employment. The respondent also submits that reports from nurse management and the complainants’ colleges on that day do not collaborate the complainants’ assertions that she was injured at work on the day she returned.

The Equality officer agreed with the complainant, with regards to the respondent discriminating against her disability in relation to her conditions of employment. In addition, the Equality Officer agreed that the respondent did discriminate against the complainant and failed to provide her with reasonable accommodation, as well as discriminatorily constructively dismissing the complainant. The Equality Officer concluded that the complainant be paid an award of €85,000, equating to approximately 2 years salary. This is in compensation for the effects of the discrimination. http://bit.ly/18Od6Wa