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posted 2 years ago
The Complainant in Aoife McGarry v. Temperature Ltd (ADJ-00045072) brought a claim against the Respondent under the Employment Equality Acts 1998-2015 (“the Acts”), claiming she had been discriminated against on the grounds of disability. Ms McGarry was dismissed by the Respondent for failure to provide sick certs following a week of absence. The Respondent argued that they were unaware of the Complainant’s disability.
Facts: The Complainant started work with the Respondent on 19th September 2022 and around this time she suffered a family tragedy. She provided evidence that she informed the service desk manager at the time that she suffered from depression. However, this manager had left their employment with the Respondent prior to the hearing. The Complainant attended her probationary meeting on 16th March 2023 and was informed that her probation would be extended by two months. She broke down at the meeting and was unable to continue. She also informed her manager that she could not complete the rest of the day.
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