Employer Failed to Provide Reasonable Accommodation to Employee Suffering with Alcoholism

Facts: The Complainant was employed as a Store Manager with the Respondent, a large Supermarket franchise, from 19^th September 2005 until 27^th January 2021.

It was accepted by both parties that the Complaint was an Alcoholic. He had a number of alcoholic related issues culminating in a serious incident at work on 21^st December 2019 and a further serious incident at work on 24^th October 2020.

In relation to the incident that occurred on 21^st December 2019, the Respondent did not initiate a formal disciplinary process and the Complainant was asked to attend the company doctor, Dr P, on 31^st December 2019.

Dr P certified the Complainant as unwell but declared him fit to work in January 2020. The Complainant undertook to attend at AA with no repeat of the alcoholic incidents. The Respondent stated they accepted these assurances in good faith. The Complainant also saw Dr P again in September 2020.

In oral testimony at the hearing the Complainant expressed his remorse for what happened and stated in December 2019 he thought he could resolve his addiction issues on his own. He stated that Dr P, while helpful, was not an addiction expert and was realistically of little value.

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