A web designer with a heart condition has won €30,000 in compensation after an Industrial Tribunal ruled that he had been dismissed unfairly and had faced discrimination because of his disability.

Amounts awarded by the tribunal are rarely so high.

The 33-year-old man had been employed by his former employer for a year before he asked whether he could work from home due to his condition.

The man’s name is being withheld to protect his identity, in view of health information. To prevent identification, the name of the company with which he was employed is also being withheld.

The tribunal, presided over by Charmaine Cristiano Grech, heard how the man, who was born with a heart condition and has had several operations throughout his life, had been given medical advice to work from home.

He made the request to his superior, who did not object and allowed him to work from home for a month as a trial period. This was extended for another few months during the summer.

However, in September the man received correspondence from his employers giving him two options: return to work full time at office or resign.

The tribunal heard that the man refused to work from the office because his condition would worsen, especially on his commute. But he was given no option and told to report for work at 10am the following day or be deemed to have abandoned his workplace. When he did not turn up, he received a call from his superiors telling him that his job had been terminated. This led to his filing of a claim.

The tribunal ruled that the company’s decision to terminate the employment was not sufficient in the eyes of the law and ordered the company to pay €20,000 in compensation. The company must also pay €10,000 for discriminating against the sacked employee on the basis of his medical condition.

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