The company that runs the National Car Test (NCT) has been directed to pay €13,200 in compensation for discriminating against a former call centre employee who had been off work for more than three years, reports The Mirror.
In a decision by the Workplace Relations Commission (WRC), Adjudicator Catherine Byrne instructed Applus Inspection Services Ltd to pay €11,000 to long-term staff member Anne Doyle after determining that the company had discriminated against her based on disability.
Ms Byrne also directed Applus to pay Ms Doyle an additional €2,200 following a separate, successful claim under the Payment of Wages Act, reports The Mirror.
Ms Doyle had worked as a call centre agent for Applus Inspection Services since April 2001, with her employment ending on February 7, 2024.
She had been on sick leave since December 4, 2020 — a total absence of over three years — and her termination letter stated the reason was “due to you being unable to fulfil your contract of employment with the company”, reports The Mirror.
Ms Doyle argued that by letting her go, Applus Inspection Services had discriminated against her because of her disability.
She claimed the company failed to consider whether she could return on a reduced-hours schedule or to explore any accommodations that might have allowed her to come back to work.
In her ruling, Ms Byrne noted that Ms Doyle had been with the company for nearly 23 years, and during the final three years, was off due to multiple health issues, reports The Mirror.
Although Ms Doyle didn’t provide a specific medical report outlining a diagnosis, Ms Byrne accepted that her evidence showed she suffered from various serious conditions that kept her from returning to her job.
Ms Byrne pointed out that Ms Doyle struggled to walk or stand for long periods, reports The Mirror.
Ms Doyle also said that sitting for extended periods caused pain, that she experienced hand tremors, had carpal tunnel syndrome, and dealt with weight issues, which worsened after the emotional toll of her mother’s passing.
Ms Byrne stated that the company let Ms Doyle go because she had been unable to work for a prolonged period due to her medical conditions, reports The Mirror.
She also noted from the hearing that the death of Ms Doyle’s mother had a profound impact on her and worsened her already complex health situation.
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,” reports The Mirror.
She added that Ms Doyle didn’t proactively take steps toward returning to work, nor did she provide any proof that a reduced-hours arrangement — such as mornings only — would be feasible.
Ms Byrne highlighted that even four weeks after she was dismissed, when appealing the decision, Ms Doyle still hadn’t produced a medical certificate showing she was fit to return or when she could resume work, reports The Mirror.
She said that based on the available evidence, Ms Doyle was let go because she couldn’t attend work and fulfil her job contract, and while it was a distressing outcome for Ms Byrne, she ruled that the employer’s decision to terminate wasn’t unreasonable.
Nevertheless, Ms Byrne concluded that the dismissal was carried out in a blunt, impersonal manner, and the decision was driven by illness-related absence.
She found that Ms Doyle had been treated unfairly compared to a colleague, reports The Mirror.
Ms Byrne said: “I find therefore that there is substance to her complaint that she was discriminated against because of her disability,” reports The Mirror.
She also noted: “As the employer did not attend the hearing to rebut this evidence, I must find that the complaint of discrimination is well founded,” reports The Mirror.
At the start of the hearing, James McEvoy of Work Matters Ireland, representing Ms Doyle, informed Ms Byrne that she would be dropping her unfair dismissal complaint.
Recent financial statements reveal that Applus Inspection Services earned nearly €2 million in weekly revenue in 2024, as pre-tax profits jumped more than six times — from €1.02 million to €6.59 million, reports The Mirror.
The company reported annual revenue of €103.22 million in 2024 as it worked through a backlog of NCT tests built up during the previous year.
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