Internal Recruitment Policy Found to Indirectly Discriminate Against Employee on Grounds of Disability

The Complainant in Tanya Phelan v Bausch Health Ireland Limited ADJ-00041120 alleged that the Respondent had discriminated against her by not shortlisting her for a job on the grounds of disability.

Facts: The Complainant commenced employment with the Respondent in 1998 and had 25 years of unblemished service. The Complainant held the Stand In position as a Sterilization Operator for over 4 years and from March to December 2021 was on sick leave due to a hip operation.

In September 2021, the Respondent advertised for a fulltime sterilization role, and the Complainant applied for the role, however despite being the only application no selection process or interview took place at that time. The position was re-advertised in November 2021 and the Complainant applied for the position on her return to work in December 2021. She was advised in January 2021 that her application was unsuccessful due to her “timekeeping and attendance” record. The Complainant appealed this decision and lodged a grievance which was not upheld.

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