Sunday 20 August 2017

Disabled employee gets compensation after recordings of him shared for colleagues' amusement

Stock picture
Stock picture

Gordon Deegan

A store manager at a retail chain shared three videos of a disabled employee at work on a staff WhatsApp group for the amusement of colleagues.

In the case, the Workplace Relations Commission (WRC) has ordered that the Irish-owned Mr Price Branded Bargains pay €7,500 in compensation to the employee in a discrimination case brought by the man under the Employment Equality Act.

The sales assistant's disability arises from a road traffic accident in 2004 where he sustained an acquired brain injury resulting in reduced motor skills.

On becoming aware on December 1 2015 of the circulated video on a WhatsApp group at work, the un-named worker became traumatised and had to go on work-related stress leave and hasn't returned to work since.

The Adjudication Officer in the case, Ray Flaherty, found that three video recordings of the man at work were shared by the shop manager with staff "who had no operational need or entitlement to review the material".

Mr Flaherty stated that it was also clear from the footage "that the recordings of the complainant gave rise to some merriment among those who were viewing it".

In his ruling, Mr Flaherty found that it was clear "that not only was the complainant discriminated against on the grounds of his disability, but his basic right, and that of any employee, able or disabled, to the provision of dignity at work was seriously undermined".

Irish Independent

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