Former call centre worker wins €13k in discrimination case against NCT operator

The former employee had been absent due to illness for a period of three years and two months

Ms Doyle worked for Applus Inspection Service as a call centre agent from April 2001 until her employment was terminated in February 2024. File photo

The operator of the National Car Test (NCT) has been ordered to pay €13,200 compensation for discriminating against an ex-call centre worker who was absent from work for more than three years.

At the Workplace Relations Commission (WRC), adjudicator, Catherine Byrne has ordered Applus Inspection Services Ltd to pay long-serving employee, Anne Doyle, €11,000 compensation after finding that the firm discriminated against her on the grounds of disability and an additional €2,200 concerning a separate successful complaint she made under the Payment of Wages Act.

Ms Doyle worked for Applus Inspection Service as a call centre agent from April 2001 until her employment was terminated on February 7, 2024.

Ms Doyle had been absent due to illness since December 4, 2020, a period of three years and two months and the letter of dismissal stated that she was dismissed “due to you being unable to fulfil your contract of employment with the company”. 

Ms Doyle's disability

Ms Doyle claims that by dismissing her Applus Inspection Services discriminated against her on the grounds of disability.

Ms Doyle stated that no consideration was given to the possibility that she might be able to return to work on reduced hours, and no options were discussed regarding how she might be facilitated to return to work.

Ms Byrne said that while Ms Doyle provided no medical report to show that she had a specific ailment, it was clear from her evidence that she suffered from several debilitating conditions that prevented her from attending work. 

Ms Byrne said Ms Doyle had difficulty walking or standing for more than a few minutes.

Ms Doyle reported that sitting for prolonged lengths of time was painful, and she suffered from a tremor in her hand. She had carpal tunnel syndrome, and she had a problem with her weight that was exacerbated by her emotional reaction to the death of her mother.

Ms Byrne said: “I note also from the complainant’s evidence that she attended the respondent’s occupational health consultants on at least three occasions and that the opinion of the company’s doctor up to September 2023 was that she remained unfit for work.” 

WRC ruling

Ms Byrne said that four weeks after her employment was terminated, at the meeting to appeal against her dismissal, Ms Doyle still didn’t present a medical certificate to show that she was ready to return to work, or that she would be capable of returning on a specific date.

Ms Byrne found that Ms Doyle was dismissed in a perfunctory manner because she was absent due to illness but said the evidence showed that Ms Doyle was treated less favourably compared to another employee.

Ms Byrne said as the employer “did not attend the hearing to rebut this evidence, I must find that the complaint of discrimination is well founded”.