'Loyal' cleaner awarded €7.5k for 'unfair treatment' following return to work after weightloss surgery

A facilities services company has been ordered to pay €7,500 to a cleaner for discriminating against the worker following her return to work after undergoing gastric band surgery to deal with a weight problem.

At the Workplace Relations Commission (WRC), Adjudication Officer, Aideen Collard said that the worker “was clearly upset at what she perceived to be unfair treatment given her loyal and lengthy service” after her return to work after surgery.

Ms Collard said that the employee suffered six months' loss of earnings after a temporary role for her was terminated post-surgery.

Ms Collard found that the facilities services company discriminated against the cleaner under the Employment Equality Acts by not providing reasonable accommodation for her at work as she recovered from her surgery.

As part of her order, Ms Collard has also directed that the company provides appropriate training to its management to ensure future compliance with its obligations under the Employment Equality Acts.

On November 6, 2017, the worker availed of gastric band surgery in her native Lithuania to address a weight problem and related medical issues.

The worker’s Irish GP on November 13, 2017, certified her as being unfit for work for a one-month period whilst she recovered.

On December 11, 2017, and following a further visit the worker’s GP issued a medical certificate certifying that she was fit to return to work on light duties.

The doctor recommended that the worker “not do any heavy lifting or pulling/pushing until three months after surgery.”

The woman started work as a housekeeper/tea-lady with her employer from January 2, 2018.

However, she contended that the position was more akin to that of a cleaner and kitchen porter.

She had tried to adapt to the role but struggled with some of the duties, particularly carrying bags of waste, and felt that the role was too heavy and unsuitable.

The worker was told in February 2018 that she was no longer required to work at the site and she didn’t work for the company for another five months.

Ms Collard said that the worker’s surgery had been successful and her health had greatly improved.

On July 2 last, the worker’s doctor certified her as being fit to return to work on full duties and she recommenced her employment in her role as a cleaning operative from July 23, 2018, without further issue

The company said that it acted reasonably towards the worker who had a "transient" disability and provided her with reasonable accommodation in the only available light role of housekeeper/tea-lady.

The company said that it had complied with its obligations under the legislation and accordingly the complaint should be dismissed.

As part of her findings, Ms Collard said that the worker, who was a long-standing loyal employee with an impeccable record, was left in limbo without an income for a number of months.