O'Kane v O'Kane (Discrimination - Disability Unauthorised Deduction of Wages) [2018] NIIT 00447_16IT (16 October 2018)

O'Kane v O'Kane (Discrimination - Disability Unauthorised Deduction of Wages) [2018] NIIT 00447_16IT (16 October 2018)

The tribunal found no evidence that any acts or omissions by the respondent or its employees were on the grounds of the claimant's disability. The claimant's allegations were either unsupported by evidence, not related to disability, or contradicted by credible testimony and documentation. The respondent followed its procedures and made reasonable adjustments where appropriate. Accordingly, the claims for disability discrimination and harassment failed.

Citation
[2018] NIIT 00447_16IT
Parties
Claimant: Kevin Barry O'Kane; Respondent: Seagate Technology (Ireland)
Jurisdiction
Northern Ireland
Judgment Date
16 October 2018
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed
Legal Topics
Disability Discrimination, Harassment, Unauthorised Deduction of Wages, Reasonable Adjustments, Injury to Feelings
Employment Law Discrimination Law Disability Discrimination Harassment Unauthorised Deduction of Wages Reasonable Adjustments Injury to Feelings

Case Brief

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Parties

Kevin Barry O'Kane

Claimant

Seagate Technology (Ireland)

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was subjected to less favourable treatment on grounds of disability contrary to Section 3A Disability Discrimination Act 1995
  2. 2 Whether the claimant was subjected to harassment on grounds of disability contrary to Section 3B Disability Discrimination Act 1995
  3. 3 Whether the respondent failed to consider the effects of the claimant's medication on his ability to operate machinery

Ratio Decidendi

The tribunal found no evidence that any acts or omissions by the respondent or its employees were on the grounds of the claimant's disability. The claimant's allegations were either unsupported by evidence, not related to disability, or contradicted by credible testimony and documentation. The respondent followed its procedures and made reasonable adjustments where appropriate. Accordingly, the claims for disability discrimination and harassment failed.

Court Disposition

Claims dismissed