Lidl ordered to pay €28,000 to Kildare worker

A NEWBRIDGE warehouse operative has been awarded €28,000 after a ruling that Lidl Ireland GmbH discriminated against him by failing to provide reasonable accommodation for a workplace injury.

The decision, issued by the Workplace Relations Commission (WRC), found that the retailer breached the Employment Equality Acts in its treatment of employee Lukasz Swiercz.

Mr Swiercz, who has worked as a Lidl warehouse operative in Newbridge since 2013, developed a hernia in early 2025.

Despite being certified by his GP as fit to work with restrictions, specifically light duties and no heavy lifting, he was sent home and not allowed return to work until he produced a “100 per cent fully fit cert”.

The WRC heard that he remained out of work for approximately six months, during which time he received no wages or social welfare payments, as he had been deemed medically fit to work.

He repeatedly sought to return, suggesting he could undertake lighter tasks such as handling bread, bulk goods or quality control duties, but said these requests were not meaningfully considered.

A key issue in the case was the delay in referring Mr Swiercz to an occupational health physician. Although he first requested an appointment in March 2025, he was not seen until mid-July – four months later.

The adjudication officer found that Lidl failed to engage properly during this period, noting that meaningful action only occurred after the worker instructed a solicitor.

The company also warned Mr Swiercz in April 2025 that he could face disciplinary action over his absence, despite his insistence that he was fit to return, undertaking lighter tasks.

In its defence, Lidl argued that no “light duties” roles existed within its warehouse operations and that accommodating the worker would have required creating a new role.

However, the WRC found the company had adopted a broad-brush position in refusing such accommodations and failed to properly assess whether adjustments could be made.

Evidence presented showed that no formal risk assessments or documented evaluations of possible accommodations were carried out.

The adjudication officer also highlighted testimony from a Lidl manager who stated that lighter duties were effectively never facilitated for warehouse staff.

The adjudication officer concluded that Mr Swiercz had a disability within the meaning of the law and that Lidl failed in its legal obligation to consider reasonable accommodation.

She found that the company’s actions amounted to discrimination on the grounds of disability.

In awarding compensation, she considered the worker’s financial loss, the delays in the process, the lack of engagement by the employer, and the need for the award to act as a deterrent.

The €28,000 awarded is equivalent to approximately one year’s salary.

Under the Employment Equality Acts, employers are required to take “appropriate measures” to enable employees with disabilities to remain in work, unless doing so would impose a disproportionate burden.

The WRC ultimately found Lidl did not demonstrate that accommodating the worker would have been unduly burdensome, particularly given the scale of its operations, employing over 7,500 staff across Ireland.