Lidl ordered to pay worker who suffered a hernia a year's salary over discrimination
When asked about reasonable accommodation for lighter duties, a Lidl manager told the WRC that such arrangements were 'never something that has been accepted or accommodated for' by the company. File picture: Denis Minihane
Lidl discriminated against and failed to engage in a meaningful way with an employee who suffered a hernia, the Workplace Relations Commission has ruled.
In its decision, the WRC awarded warehouse operative Lukasz Swiercz €28,000, equivalent to a year’s salary.
In her ruling on a hearing held last December, WRC adjudication officer Elizabeth Spelman said the supermarket chain had “failed to provide reasonable accommodation for the complainant” and that its treatment of him “amounted to discrimination on the grounds of disability”.
Ms Spelman said that, as a result of Lidl’s actions, Mr Swiercz was unable to work for a prolonged period and suffered financial loss amounting to six months’ pay.
She also highlighted the company’s failure to engage “in any meaningful way” with the worker’s appointment of an occupational health physician (OHP) until after he had instructed a solicitor. An “unexplained delay” by Lidl in organising the OHP appointment was also cited as a factor in her findings.
The adjudication officer further noted that while Mr Swiercz had repeatedly attempted to come up with ways to remain at work while recovering from his hernia, Lidl instead issued him with a letter “indicating he may be subject to disciplinary action”.
The WRC heard that Mr Swiercz is one of 250 warehouse operatives employed by Lidl at its Newbridge depot in Kildare and has worked for the company since October 2013. He holds a 30‑hour contract and earns €17.40 per hour, plus overtime.
Mr Swiercz said he suffered a hernia between January and September 2025. In January 2025, he felt unwell while at work and went home early. He subsequently attended a doctor, was referred to hospital, and received a certificate for two days’ sick leave.
After taking pre‑planned leave in February 2025, Mr Swiercz obtained a further medical certificate from his GP on March 10, 2025, assessing him as fit to attend work, but on light duties only and with no heavy lifting.
He told the WRC he sent the medical certificate to Lidl’s HR department "straight away". However, when he attended work the following day, he was told to give the certificate to a manager, who then sent him home and instructed him not to return until he was “fully fit”.
As his GP had not assessed him as fully fit, Lidl did not permit him to return to work. Mr Swiercz said he repeatedly emailed HR, explaining he was waiting for an appointment with the OHP and stating he had been fit to attend work since March 10.
Despite proposing several alternative roles he said he could perform in the warehouse while recovering, he was not accommodated. In April, another manager informed him that he had not followed “correct absence procedure” and indicated he could face disciplinary action.
This was despite the worker pointing out that he had been sent home by the company and that the OHP had recommended he be brought back to work on a phased basis.
The situation continued until September 15, 2025, when a new manager allowed Mr Swiercz to return to work. He initially performed light duties only for two weeks before resuming his usual role, including heavier lifting.
Lidl denied all the allegations. A company witness told the WRC she had engaged with the worker and liaised with other departments, including health and safety, about his return. The commission noted she had no documentation to support this.
When asked about reasonable accommodation for lighter duties, a Lidl manager told the WRC that such arrangements were “never something that has been accepted or accommodated for” by the company.
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