Creche Worker’s Claim Over Step for Nappy Changing Table Dismissed

A creche worker’s claim that she was unfairly removed from the roster after requesting a step to assist with her height although changing nappies has been rejected by the Workplace Relations Commission (WRC). The case highlights the complexities of reasonable workplace accommodations and the challenges faced by employees with specific needs.

Case Background

Rosaria Wada Fulguera Tenorio, a Bolivian national working at Links Creche Southside in Dublin while on a student visa, initiated the complaint. Ms. Fulguera Tenorio, who is 147cm (4’10”) tall, stated she experienced back pain due to the height of the furniture, specifically the nappy changing station and cots, in the baby room. She requested a small step to alleviate this issue, as previous employers had accommodated her in a similar manner.

Employer’s Response and Subsequent Actions

Links Childcare refused the request in April 2024, citing concerns that a step would create a trip hazard. Instead, the creche instructed Ms. Fulguera Tenorio to cease changing nappies, assigning the task to her colleagues. This led to tension within the team, as colleagues had to take on additional work, and Ms. Fulguera Tenorio reported feeling “humiliated.”

Claims and Arguments Presented

Ms. Fulguera Tenorio’s representative, Gareth O’Reilly, argued that his client was denied a “reasonable workplace accommodation” and that the subsequent removal of her hours was linked to her raising the health and safety concern. She also advanced claims of discrimination on the grounds of race and disability, arguing her employer “thought that she had a disability”.

WRC Adjudication and Findings

Adjudicator Monica Brennan dismissed the complaints under the Employment Equality Act 1998 and the Safety, Health and Welfare at Work Act 2005. The WRC found that Ms. Fulguera Tenorio’s situation was not directly comparable to that of full-time staff, leading to the rejection of the racial discrimination claim. The disability discrimination aspect of the case was deemed statute-barred, as the issue regarding the changing table arose more than six months before the complaint was filed.

Crucially, the adjudicator was “not satisfied” that a link existed between the initial complaint about furniture height and the subsequent reduction in Ms. Fulguera Tenorio’s hours. The WRC also dismissed claims made under the Organisation of Working Time Act 1997 and the Payment of Wages Act 1991.

Contractual Considerations

The creche group’s legal representation, Tiernan Lowey, emphasized that Ms. Fulguera Tenorio’s contract stipulated work was offered on an “if and when” basis, with no guaranteed hours, and that relief workers were free to accept or decline offered shifts.

Implications and Further Considerations

This case underscores the importance of clear communication and documented risk assessments when addressing workplace accommodation requests. It also highlights the challenges in establishing a direct causal link between a health and safety concern and subsequent employment decisions.