Builders’ merchanting businessChadwicks has been ordered to pay €60,000 compensation for the discriminatory dismissal of a long serving employee who had to use a Zimmer frame as she recovered from back surgery.
Workplace Relations Commission (WRC) adjudicator Valerie Murtagh told the Chadwicks Group to pay Marie O’Reilly €60,000 for her discriminatory dismissal on the grounds of disability in August, 2022, following 37 years service with the company.
Ms O’Reilly was represented in the case by solicitor Barry Kenny of Kenny O’Sullivan Solicitors and Arthur Cush BL, Ms O’Reilly commenced work with Chadwicks at the age of 17 in 1979 and worked with the firm from then until 1993 and from 1999 to 2022.
Ms O’Reilly, who worked at Chadwicks’ Sallynoggin store in Dublin and was promoted to a credit control assistant in 2018, told the WRC hearing that that she loved her job.
In February 2021, Ms O’Reilly attended hospital for a routine back surgery but when she awoke from the surgery, her right leg was paralysed and she was diagnosed with “dropped foot” due to unexpected complications with the surgery.
Ms O’Reilly outlined that her mobility was seriously compromised and she was initially able to move only very slowly and with the use of a Zimmer frame and crutches.
This was Ms O’Reilly’s first time on extended sick leave from work and she told the hearing that she was determined to regain her mobility and independence.
In her findings, Ms Murtagh has found that Chadwicks did not carry out a comprehensive assessment into the specific needs of Ms O’Reilly which would have enabled her to continue in her employment.
The adjudicator also found that Chadwicks misquoted its own doctor’s medical report in an attempt to justify its decision to terminate Ms O’Reilly’s employment.
Ms Murtagh found that the doctor did not state in any of his reports, contrary to Chadwicks’ assertion, that Ms O’Reilly was unfit for a sedentary role.
She went on to say that there was a failure by Chadwicks to provide Ms O’Reilly with reasonable accommodation to allow her continue in her job.
In the case, Chadwicks strongly disputed Ms O’Reilly’s claims and contended that it terminated Ms O’Reilly’s employment on the grounds of capability in accordance with the Unfair Dismissals Act.
Chadwicks – which operates 50 stores here – submitted that at the time of termination on August 12th 2022, Ms O’Reilly had been absent from the company since February 1st 2021, a period of one year and six months and was not medically fit for work for the foreseeable future.
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