Take early retirem't--Can i still bring case(s)?

LegacyUser

Does anyone know if I take early retirement do I give up my rights to bring a case or cases against my employer via the Equality Tribunal for failing to provide reasonable accommodation, for bullying, for harassment, etc???

I work for a very large company.

I am sick, chronically ill, a number of related and unrelated chronic conditions that I have learned would be considered as disabilities as the Equality Tribunal applies the definition. I've only learned this recently. I did not know all this, and I have let it go way too far before asking for certain accommodations.

The onus is on the employer to provide reasonable accommodation and appropriate
measures.

Section 16 (3) (a) of the Employment Equality Acts 1998 – 2007 says:
“For the purposes of this Act a person who has a
disability is fully competent to undertake, and fully capable of undertaking,
any duties if the person would be so fully competent and capable on
reasonable accommodation (in this subsection referred to as “appropriate
measures”) being provided by the person’s employer.”

Link to Equality Tribunal Decisions: 1999 - 2009 -- http://www.equalitytribunal.ie/cd/decisions.html
(you can learn a lot about how they decide things. It's all the cases themselves.)

Ever since I had surgery, I have been treated as if my many absences are a a disciplinary issue. (There were complications in the post-op period which kept me out longer than expected.)

The tone they use has the feeling that they are telling me "You better stop being sick, or else." (We have hugely generous sick days policy.) I'd rather be well and not sick WAY more than they would, I can guarantee you. This hurts!

But now they are offering everyone over a certain age early retirement. It's not a very good offer...

I have made a request for reasonable accommodation, but my boss is taking nearly 2 months to respond. In the meantime, the cutoff date for applying for the early retirement will come and go before the day my boss says he'll get back to me.

There was a case before the Equality Tribunal where the "respondent" got nailed for not doing things earlier which would have prevented the "complainant's" situation from deteriorating. I think I'm in the same boat.

They had allowed certain very helpful accommodations for a couple of years each, but each was rescinded, with no explanation that had anything to do with my medical problems or me, for that matter.

Their withdrawal has resulted in serious setbacks. My doctors have written letters, etc. They won't read the letters, but prefer to refer them to the company physician. (There was a case before the ET where the employer did not listen to or accept information provided to him about the complainant's disabilities, and it cost them a lot of money).

I do not want to quit work. I need to work. With accommodation and APPROPRIATE measures, I can work. But they are dragging their heels and I am rapidly getting worse, and developing a very bad attitude.

I have also been bullied a number of times by two of my superiors. My line manager is a bully in general. Everyone agrees, but no one will say anything. He is also guilty of sexual harassment. Since I avoid him as much as possible, he has hot been able to harass me in that way in quite a while. But he turns connotations toward the sexual nearly anytime it can be done and it gets old.

I am angry and feel hard done by. I did not know I had these rights and remedies. I did not want to file a grievance in work, because I figured I'd "pay" for it, if you know what I mean.

So now I'm under pressure. Early retirement deadline before accommodation request will be answered.

IF I TAKE EARLY RETIREMENT (because of this pressure and my increasing pain and deterioration), I'm "voluntarily" leaving, but I have little other choice. Does anyone know if I thus give up my rights to bring a case or cases against them via the Equality Tribunal for failing to provide reasonable accommodation, for bullying, for harassment, etc???

Sorry it's so long.

i dontwannaquit

wmpdd3

I suggest you take note of the dates of the Tribunal decisions. In my experience, absenteeism for any reason including sickness can result in disciplinary action. Most unions (Mandate) have accepted this. Obviously the employer has to treat you as a human and try work with you to see if changes can be made to your position to accommodate you new physical ability.

If the company has followed protocol and documented each meeting they have had with you in relation to your absenteeism and offered you reduced hours etc, then you may not have as strong a case as you think you have.

I think you need to get things right in you mind, are you claiming bulling by your supervisor or mishandling of you illness?

I can't comment on whether you can still bring a case against you employer after accepting early retirement.

LegacyUser

I think you need to get things right in you mind, are you claiming bulling by your supervisor or mishandling of you illness?

You seem to assume that I do not have things right in my mind.

I am claiming both. There is a general bullying atmosphere as well as bullying by specific people in managerial positions. I am not the only one who has been bullied, intimidated, insulted, patronised, etc.

And they have been aware of my conditions for years. Have provided accommodations, at times, but have withdrawn them at really bad times; e.g. right after surgery, etc.

The onus is on the employer when it comes to providing reasonable accommodation and appropriate measures.

If they have documented meetings they've had with me, they are not in my file. Fewer days and shorter hours are in essence taking my job away, not helping me to be able to work. As far as I can recall, I have not been offered reduced days/hours. I've been asked had I ever thought about it. But no offer has been made. Still, that takes me out of work; does not assist me in staying in work.

I find the cases in the range of 2008-2010 to be most relevant as the laws have not changed much since then, as far as I know. But there are a lot of basics which seem to repeat and repeat in some of the older ones since 2006. It's not my job to teach my employer the law.

I'd be most interested if anyone has any knowledge as to whether we waive the right to bring a case if we take voluntary early retirement.

InReality

You have a lot of stuff there. I'd say you need a bit of support and an outside objective view of your options.

I'd talk to a solicitor , and consider seeing a counsellor.
You sound under a fair bit of stress.

wmpdd3

dontwannaquit wrote: »

You seem to assume that I do not have things right in my mind.

I am claiming both. There is a general bullying atmosphere as well as bullying by specific people in managerial positions. I am not the only one who has been bullied, intimidated, insulted, patronised, etc.

And they have been aware of my conditions for years. Have provided accommodations, at times, but have withdrawn them at really bad times; e.g. right after surgery, etc.

The onus is on the employer when it comes to providing reasonable accommodation and appropriate measures.

If they have documented meetings they've had with me, they are not in my file. Fewer days and shorter hours are in essence taking my job away, not helping me to be able to work. As far as I can recall, I have not been offered reduced days/hours. I've been asked had I ever thought about it. But no offer has been made. Still, that takes me out of work; does not assist me in staying in work.

I find the cases in the range of 2008-2010 to be most relevant as the laws have not changed much since then, as far as I know. But there are a lot of basics which seem to repeat and repeat in some of the older ones since 2006. It's not my job to teach my employer the law.

I'd be most interested if anyone has any knowledge as to whether we waive the right to bring a case if we take voluntary early retirement.

I am sorry if I seemed to imply that you haven't got thing right in your mind, I was commenting on your problem in a purely legal way, stripping out all the emotional details you offered.

I would really advise getting legal advice as I feel a solicitor would be more ale to simplify your complaint. In conjunction with this I would recommend counciling to cope with the emotive side of your problem as I don't think a solicitor can address this for you.