Employee Fails in Her Claim of Lack of Reasonable Accommodation Due to Her Solicitor’s Letter

Decision:

The Adjudicator held that in order for the Complainant’s first claim required three premises to be met in order for her claim to succeed:

1. that the Respondent knew that the Complainant had a disability;

2. that the Respondent knew that the Complainant wanted to return to work; and

3. that the Complainant was fit to return to work and the Respondent was aware of this.

The Adjudicator found that the Respondent was not aware that the Complainant had a disability until she lodged the WRC complaint form on 9 February 2019. She also found that, contrary to the Complainant’s submissions, a sick certificate is not an implied request to return to work.

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