In the case of Abdulah Aljaber v Dawn Meats Group Unlimited Company (ADJ-00036503), the Complainant brought a successful case under the Employment Equality Acts 1998-2015 (“the Acts”) on the basis that he was discriminatory dismissed on the ground of disability and the Respondent failed to fulfil its obligations in relation to providing reasonable accommodation for his disability.

Facts: The Complainant began employment with the Respondent in October 2020. He received online training during the COVID-19 Pandemic which he considered to be inadequate. He submits that he often had to carry heavy trays of meat, sometimes over 25kgs, in sub zero temperatures.

The Complainant sustained an injury to his back in January 2021. It is in dispute as to whether this injury was sustained at work or at home. On 5^th January 2021, the Complainant’s GP sent a letter to the Respondent advising that the Complainant had ‘radicular lumbar back pain’ and requesting that the Complainant be tasked with light duties. The Respondent submits that due to the nature of the work, there were no light duties available.

The Respondent submits that the Complainant received a probation review on 22^nd December 2020 which outlined a number of instances of lateness and absence. The Respondent alleges that the Complainant met with the Safety Manager on 7^th January 2021 without a medical fitness certificate to return to work after a period of sick leave. Following this, the Safety Manager issued an email to a number of colleagues outlining a number of concerns that he had in relation to the Complainant, including hygiene concerns such as the lack of a face mask when necessary.

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