An employee of airport ground services firm Aviance has been awarded €125,000 after the Equality Tribunal ruled in his favour in relation to a complaint of discriminatory treatment and dismissal.
Vincent Kavanagh, a ramp supervisor with the company, had submitted a complaint of discriminatory treatment, discriminatory dismissal and victimisation against Aviance on the grounds that it refused to allow him to return to work following an elbow injury sustained in the course of his work.
During a visit to the company doctor while on sick leave following his injury in 2004, the issue of his cardiac health was raised. Mr Kavanagh had undergone coronary bypass surgery in 1991 and had had a number of other cardiac procedures since then. The doctor expressed concern at his fitness to do work which she understood to involve baggage handling.
Mr Kavanagh said that during his employment with Aviance and a previous employer, he had not experienced any difficulties as a result of his medical condition. Furthermore, he said, there were never any complaints about his work.
The company doctor discussed the matter with Mr Kavanagh's consultant cardiologist on a number of occasions. Because of his cardiac condition, the company doctor did not certify Mr Kavanagh as being fit to return to work. Aviance ultimately dismissed Mr Kavanagh on medical grounds, the Equality Tribunal noted in its case summary.
Mr Kavanagh submitted that Aviance unreasonably terminated his sick pay, that the company failed to discharge its duty regarding reasonable accommodation and that it dismissed him in circumstances that constituted discrimination and victimisation in March 2005.
Aviance told the tribunal that given the lack of clear medical certification that Mr Kavanagh was fit to return to work, it was left with no option but to terminate his employment with effect from June 21st, 2005.
The company also said it carried out an extensive review but there were no alternative roles available which could have been offered to Mr Kavanagh.
The tribunal found that Aviance failed to provide Mr Kavanagh with reasonable accommodation to enable him to return to work.
He was awarded €65,000 for loss of earnings resulting from the discriminatory dismissal and €60,000 compensation for stress suffered as a result of the discriminatory treatment and failure to provide reasonable accommodation. The equality officer did not find any evidence of victimisation.
"The amount of this award is to reflect the fact that Mr Kavanagh had every expectation of continuing in this employment and the difficulty he has since encountered in obtaining alternative employment," the tribunal noted in its report.