Yacht Dealer Ordered to Compensate Dismissed Salesman €66,500

An international yacht dealer has been ordered to pay €66,500 to a former salesman, Alan Barton, after a ruling found he was unfairly dismissed based on disability. The decision by the Workplace Relations Commission (WRC) marks a significant moment in the ongoing discourse surrounding employment rights for individuals with disabilities.

The case involved MGM Boats (Cork) Limited, which operates an office in Kinsale, Co Cork. The WRC determined that the company had violated the Employment Equality Act 1998 by discriminating against Barton, who had been employed since March 2011. This ruling followed the company’s disregard for a medical report indicating Barton was “fit to continue” in his role.

Barton, aged 68, had been placed on sick leave in May 2023, shortly after settling a personal injury claim in the High Court related to an accident that occurred in March 2017. He had sustained a fractured left leg when he fell from a boat, leading to some mobility restrictions. Despite these challenges, Barton continued to work successfully for over six years following the injury.

The WRC adjudication officer, Lefre de Burgh, noted that MGM Boats could not justify the dismissal on grounds of incapacity when Barton had demonstrated his ability to perform his job effectively. According to de Burgh, the company’s actions appeared to reflect a bias against Barton rather than a legitimate concern for his well-being.

During the proceedings, it was revealed that Barton was issued a redundancy letter on September 11, 2023. He received six weeks’ salary in lieu of notice. His counsel, Benjamin Shorten BL, argued that the company had a duty to provide reasonable accommodations for employees with recognized disabilities.

Barton had also suffered an injury to his right eye in April 2022, yet he remained capable of driving and performing his job duties. He was transparent about this condition with MGM Boats, as it was necessary for insurance purposes. The company, however, claimed that the full extent of Barton’s disabilities only surfaced during the court proceedings, leading to significant concerns about his health and safety in the workplace.

MGM Boats’ counsel, Liam O’Flaherty BL, stated that the company faced a dilemma regarding Barton’s safety after the legal settlement. He emphasized that the potential risk of injury to Barton needed to be addressed, and terminating his employment became the only viable option. O’Flaherty maintained that the company’s actions were mischaracterized as vindictive, asserting that the focus was on ensuring workplace safety.

Gerry Salmon, managing director of MGM Boats, testified that he felt “in limbo” as the legal implications of Barton’s medical conditions became clearer. He noted that a report by a nurse and ergonomist raised significant concerns about Barton’s condition, particularly regarding mobility and the risk of falling. This report, dated January 2023, prompted Salmon to seek further guidance from his insurance broker, who advised that Barton should not be present on company premises during this period.

The WRC’s decision underscores the importance of adhering to established medical assessments in employment practices, particularly concerning employees with disabilities. It highlights the need for organizations to engage in fair and reasonable accommodations, ensuring that individuals like Barton can continue to contribute to the workforce without facing discrimination or unjust dismissal.

As this case unfolds, it serves as a reminder of the ongoing challenges faced by individuals with disabilities in the workplace and the critical role employers play in fostering an inclusive environment.