The operator of a Go Safe speed-monitoring van who suffered depression and anxiety after his vehicle was set alight has been awarded €28,000 by the Equality Tribunal.
He complained to the tribunal after his employer dismissed him seven months after the incident.
John McDonald was working alone in his Go Safe mobile speed van on March 13th 2011 when two people threw petrol over the vehicle and set it alight, destroying it within minutes. He escaped without physical injury but suffered severe psychological effects, including depression and sleep disturbance.
Mr McDonald was unable to return to work and was on sick leave for several months, and was paid sick pay. He was dismissed on October 24th 2011.
In his complaint to the tribunal, Mr McDonald said he wished to continue working with the company and might have been able to do so had his employer been willing to provide reasonable accommodation. But he said the company did not consult him or his medical advisers about alternative options.
Road Safety Operations Ireland Ltd, which trades as Go Safe, told the tribunal Mr McDonald's employment was terminated solely due to his inability to work in the capacity for which he had been trained and employed.
It said there were no suitable vacancies for which Mr McDonald was qualified and that there were no appropriate measures it could put in place which would accommodate Mr McDonald’s disability.
The company said it was anxious to get Mr McDonald back to work, but a report by Medmark Occupational Healthcare, which examined Mr McDonald, indicated he was adamant that he would not return to work as a speed-monitoring operator.
In its decision, the tribunal found that the decision to dismiss Mr McDonald was influenced by his disability in that it was influenced by his absence and his inability to return to his position. "Accordingly . . . I am satisfied that the complainant has established a prime facie case of less favourable treatment on grounds of disability in relation to his dismissal," said equality officer Orla Jones.
The tribunal also concluded that there was a clear obligation on the company to consult with Mr McDonald to look at suitable measures and accommodation which would enable him to return to work, and to discuss options with him before concluding that there was no suitable alternative role.
So it found that Mr McDonald’s disability was a factor that contributed to the decision to dismiss him and that the company failed to provide him with reasonable accommodation, within the meaning of the relevant legislation.
The tribunal said a sum of €28,000 was “just and equitable” as compensation.
