WRC Awards €6,500 in Discriminatory Dismissal Sick Leave Case

A recent WRC decision highlighted the importance of handling sick leave and disability accommodations appropriately in the workplace.

In this case, a shop worker was dismissed during her probation period following absences due to illness. The WRC found that the employer discriminatorily dismissed the employee on the grounds of her health condition and awarded her €6,500 in compensation.

Background of the Case

The complainant was employed as a sales assistant in a large retail store. During her job interview, she disclosed that she had a heart condition, a weakened immune system and advised that she would require time off for medical appointments.

During her first six months of employment, she suffered several bouts of illness, including a serious infection following COVID-19. This resulted in a total of 12 days of certified sick leave. Shortly after one return-to-work meeting in early 2025, her employer terminated her employment with one week’s notice.

WRC Findings

The Workplace Relations Commission criticised the employer for their handling of the matter. The adjudication officer found that the employee had informed the recruitment team at the interview stage about her medical condition and potential need for time off: therefore, the employer was on notice of a disability.

Furthermore, the WRC found the employer failed to carefully consider the impact of the employee’s medical condition on her attendance, nor did they further explore any reasonable accommodations or adjustments.  As a result, the WRC concluded that the dismissal was discriminatory under the Employment Equality Act 1998.

The adjudication officer described the employee as credible and convincing in her evidence and concluded that reasonable accommodation was not provided, leading to a finding of discrimination.

Key Lessons for Employers

This case serves as an important reminder for employers that disclosure at interview stages matters and must be handled carefully. When a candidate informs an employer of a health condition, this information must be acknowledged and its implications considered throughout the employment relationship.

An employee’s absence records alone, regardless of the number of sick days, will not justify dismissal. High levels of absence must be assessed in their proper context, particularly where a disability or the need for reasonable accommodation is known.

Employers are expected to engage proactively with employees who have disabilities and to explore all reasonable options to support attendance and performance. Clear policies and appropriate management training in relation to sick leave and reasonable accommodation are essential in managing risk, ensuring legal compliance and avoiding costly employment law claims.

Conclusion

This WRC decision is a clear reminder to employers of the risks of disregarding disclosures relating to health or disability, even during probationary periods.

Employers should regularly review their practices around sick leave management, disability disclosure and reasonable accommodations to ensure compliance with equality legislation. Failing to do so can lead to findings of discrimination and significant financial awards, as this case demonstrates.



If you need any advice on managing sick leave policies or reasonable accommodation obligations, please do not hesitate to get in touch with our team at MSS The HR People: info@mssthehrpeople.ie, Ph +353 1 887 0690 or visit www.mssthehrpeople.ie.