NCT operator ordered to pay over €13,000 to call centre worker

Gordon Deegan

The operator of the National Car Test (NCT) has been ordered to pay €13,200 compensation for discriminating against an ex-call centre worker who was absent from work for more than three years.

At the Workplace Relations Commission (WRC), Adjudicator, Catherine Byrne has ordered Applus Inspection Services Ltd to pay long-serving employee, Anne Doyle €11,000 compensation after finding that the firm discriminated against her on the grounds of disability.

Ms Byrne has ordered the NCT firm to pay an additional €2,200 to Ms Doyle concerning a separate successful complaint she made under the Payment of Wages Act.

Ms Doyle worked for Applus Inspection Service as a call centre agent from April 2001 until her employment was terminated on February 7th 2024.

She had been absent due to illness since December 4th 2020, a period of three years and two months and the letter of dismissal stated that she was dismissed “due to you being unable to fulfil your contract of employment with the company.”

Ms Doyle claims that, by dismissing her, Applus Inspection Services discriminated against her on the grounds of disability, and that no consideration was given to the possibility that she might be able to return to work on reduced hours, and no options were discussed regarding how she might be facilitated to return to work.

In her findings, Ms Byrne stated that Ms Doyle was employed by Applus for almost 23 years and for the final three years, she was absent due to a variety of illnesses.

Ms Byrne stated that while Ms Doyle provided no medical report to show that she had a specific ailment, it was clear from her evidence that she suffered from several debilitating conditions that prevented her from attending work.

Ms Byrne stated that Ms Doyle had difficulty walking or standing for more than a few minutes, that sitting for prolonged lengths of time was painful and she suffered from a tremor in her hand. She had carpel tunnel syndrome and she had a problem with her weight that was exacerbated by her emotional reaction to the death of her mother.

Ms Doyle found the death of her mother very difficult to get over and that this exacerbated her complicated health issues.

Ms Byrne found that the evidence showed that Ms Doyle was treated less favourably compared to another employee. “I find therefore that there is substance to her complaint that she was discriminated against because of her disability,” she stated.

Ms Byrne noted that as the employer “did not attend the hearing to rebut this evidence, I must find that the complaint of discrimination is well founded”.

Recently filed accounts show that last year, Applus Inspection Service recorded average weekly revenues of almost €2m in 2024 as its pre-tax profits increased more than six fold from €1.02 million to €6.59 million.

The company’s revenues for 2024 totalled €103.22m as the firm moved to eliminate a test backlog that had built up during 2023.