Background and Case Overview
The Chadwicks Group, a builders’ merchant business, has been ordered to pay €60,000 in
compensation to Marie O’Reilly, a long-serving employee who was dismissed after
recovering from back surgery. O’Reilly, who had worked with the company for a combined 37
years, claimed that she was discriminated against due to her disability, which resulted from
surgery complications that left her reliant on a Zimmer frame and crutches for mobility.
The Workplace Relations Commission (WRC) adjudicator, Valerie Murtagh, ruled in favour of
O’Reilly, citing that the Chadwicks Group had failed to provide reasonable accommodations
and dismissed her unfairly based on her physical condition.
O’Reilly’s Employment History and Medical Challenges
Marie O’Reilly began working at Chadwicks in 1979, initially joining at the age of 17. Over
the course of her career, she was promoted and held a position as a credit control assistant.
In February 2021, O’Reilly underwent a routine back surgery that resulted in unforeseen
complications, leaving her with limited mobility and a condition called “dropped foot”. Despite
these challenges, O’Reilly was determined to regain her mobility and followed a strict
rehabilitation program, including physiotherapy and other exercises.
This was her first time on extended sick leave, but she remained hopeful about returning to
work. O’Reilly highlighted that her disability was directly related to the spine surgery, which
caused lumbar fusion, post-operative foot drop, and paraesthesia.
WRC Findings on Chadwicks’ Actions
In her ruling, Murtagh criticized Chadwicks for not conducting a comprehensive assessment
of O’Reilly’s specific needs following her surgery. The company had argued that O’Reilly was
unfit for her role based on medical reports. However, Murtagh pointed out that the company
misrepresented their doctor’s findings, as no medical professional had stated that O’Reilly
was incapable of performing a sedentary role.
Furthermore, the company’s final medical report in June 2022 suggested a follow-up
consultation in three to four months, yet Chadwicks proceeded to dismiss O’Reilly just one
month later. The adjudicator found this decision stark and unjustified, as the company had
failed to explore alternative arrangements such as a hybrid role or working from home, which
could have allowed O’Reilly to continue in her position.
Compensation and Policy Review Order
As part of the ruling, Chadwicks was ordered to pay €60,000 in compensation to O’Reilly for
her unfair dismissal. Additionally, the company was instructed to review its policies and
procedures to ensure compliance with employment equality legislation. O’Reilly’s solicitor,
Barry Kenny, praised the decision, stating that his client had been subjected to substantial
discrimination and treated unfairly despite her many years of loyal service.
Chadwicks, which operates 50 stores across Ireland, disputed the claims, arguing that
O’Reilly’s dismissal was based on capability and aligned with the Unfair Dismissals Act. The
company maintained that O’Reilly had been absent for over a year and was not fit to return
to work. However, the WRC ruled that Chadwicks had failed to consider all reasonable
accommodations that could have enabled her to continue her employment.
