A HEALTHCARE assistant, who was told she had no job after her employers learned that she was HIV positive, has been awarded €22,500 in the Labour Court for discrimination.
Thandekile Sulo took a case against Abbot Close Nursing Home Ltd in Askeaton, County Limerick, to the Workplace Relations Commission.
She claimed she was discriminated against on the grounds of disability in securing a job with the nursing home, in her conditions of employment, and in her employer’s failure to reasonably accommodate her.
Ms Sulo gave evidence to the Labour Court that she is HIV positive. In 2023, she undertook a QQI course in Health Care Support (Pre-Nursing). As part of this course, she completed work experience with the nursing home, which began on July 14, 2023.
Within days of starting her work experience, she was offered an interview for the role of Healthcare Assistant at the home.
The interview took place with Camelia Pop, the then Assistant Director of Nursing, and Ms Airida Downes, the then Director of Nursing, on July 17, 2023. She was offered the job on the same day.
It was her evidence that she presented her work permit and references at the interview.
Ms Sulo signed the contract of employment on July 28 and, in the meantime, continued with her work experience.
After completing a medical questionnaire with the help of her GP, Ms Sulo said she was told by the nursing home that she needed a report from an occupational health therapist.
She said was unable to contact one and, enquiring at University Hospital Limerick, she was told she would have to be referred for an appointment.
She told the Labour Court that “I was clueless” as to what to do or who to contact, claiming that she was getting no help from her employers.
She told the nursing home’s HR person that she had given consent for her doctors in University Hospital Cork to give the nursing home “any information they need about my HIV status”.
When she got no reply to her emails sent to the home’s HR, Ms Sulo suggested that on September 18 she continue her work experience while they waited for her medical reports.
When she turned up for work on October 2, she said she was told by Ms Pop that she would have to leave the premises immediately.
Ms Sulo denied that she was asked for references and other documents required under the recruitment policy, and explained that she provided references, along with her visa, work permit, and education results.
It was put to her that the nursing home required her to attend an occupational health therapist due to her disability as the employer had a responsibility to ensure safety for both her and the patients.
Ms Sulo said she unaware at the time as to how she could meet one without a referral letter.
Ms Downes explained that when she received the medical health questionnaire, advice was sought from the home’s medical health officer, who advised that there was no issue, but Ms Sulo would have to have monthly occupational health reports.
She continued that, as the respondent did not have in-house occupational health services, they had to seek further advice, which took several weeks.
Ms Downes also claimed she did not have the required references from Ms Sulo.
It was put to Ms Downes that the home provided no support to Ms Sulo in finding an occupational health therapist, providing a referral letter, or financial support to obtain a report.
In reply, Ms Downes said that it was in the employer’s interest for the Ms Sulo to commence work. It was then suggested to Ms Downes that this may have been the case before she became aware that the complainant was HIV positive, but once she found out about her disability, there was a chance in attitude.
In her evidence, Ms Pop denied being present when Ms Sulo signed her contract of employment, but did accept that it was a valid contract.
In her ruling, Workplace Relations Commission adjudication officer, Úna Glazier-Farmer, said that “having regard to all the circumstance of this case, I am satisfied that the appropriate redress is an award of compensation for discriminatory dismissal”.
She awarded Ms Sulo a total of €22,500 in compensation.
