The construction supply company, Chadwicks, has been instructed to pay a compensation sum of €60,000 owing to an instance of prejudice-based dismissal of a long-standing worker who was in recuperation from spinal surgery and using a Zimmer frame. Marie O’Reilly, was unfairly dismissed from the company due to her disabled condition in August 2022, as determined by Valerie Murtagh, an arbitrator at the Workplace Relations Commission (WRC). Having been associated with Chadwicks for 37 years, O’Reilly was advised to receive this compensation.
Barry Kenny of Kenny O’Sullivan Solicitors and Arthur Cush BL represented Ms O’Reilly. Having started working with Chadwicks at the tender age of 17 in 1979, she was actively contributing to the business till 1993 and later resumed her services from 1999 to 2022.
While being based out of Chadwicks’ Sallynoggin branch in Dublin, O’Reilly gained a promotion to the role of a credit control assistant in 2018 and voiced her deep affection for her job at a WRC hearing. In February 2021, O’Reilly underwent a scheduled spine surgery, which ended up paralysing her right leg due to unforeseen complications, diagnosed as “dropped foot”.
O’Reilly’s mobility was heavily restricted post-surgery, making her dependent on a Zimmer frame and crutches for movement. Despite facing her first long-term sick leave, O’Reilly expressed firm determination to recover her freedom and physical ability. The author, Ms Murtagh deduced that Chadwicks overlooked carrying out a thorough evaluation of O’Reilly’s particular requirements that could have facilitated her continued employment.
The adjudicator identified inconsistencies in Chadwicks’ citation of their own medical consultant’s letter while trying to rationalise their decision to terminate Ms O’Reilly’s service. Ms Murtagh pointed out that Chadwicks’ claims were invalid, as their doctor never reported that Ms O’Reilly was unfit for a stationary job role.
Ms Murtagh also highlighted Chadwicks’ failure to offer Ms O’Reilly adequate provision to enable her to continue her job. In the dispute, Chadwicks vehemently contested Ms O’Reilly’s accusations, stating their decision to terminate her contract was based on her capability in line with the Unfair Dismissals Act.
Chadwicks, a company that operates 50 shops in the country, informed that Ms O’Reilly’s employment was ended on the 12th of August 2022. She had not been present in the company since the 1st of February 2021, an absence of a year and a half, and she was perceived as unfit for work for an indefinite future.