The Labour Court has ordered a company to pay almost €15,000 to a woman it found was discriminated against on the grounds of mental illness.
The court found that the woman, who suffered from obsessive-compulsive disorder (OCD), was discriminated against contrary to the 1998 Employment Equality Act, which protects workers against discrimination on nine grounds, including disability.
This is the second case recently in which the Labour Court has found that a mental illness constituted a disability and ruled that an employer must make "reasonable accommodation" for a person with such a condition. The first related to a person suffering from anorexia nervosa who was dismissed by a health and fitness club.
The Labour Court awarded €4,750 for loss of earnings and €10,000 for the effects of the discrimination in a strong indication of its attitude to companies which do not seek to accommodate people with such conditions.
Ms Ann Parker, who was represented by the Northside Community Law Centre, was employed by a freight company, which has not been named, for 18 years, working as a switchboard operator/telephonist. About five years ago she was diagnosed with OCD, and this was known to the company, as she took time off in order to be treated and her condition was discussed in the office.
In November 2003 her manager said that complaints had been received about the time she took to answer calls, and she was transferred out of her job and into another office, where she was charged with inputting data.
The new office was very noisy and she was compelled to keep the door to another office area open. She complained about this to her manager and said she was unhappy in her new job, but no agreement was come to and she felt compelled to resign.
She complained to the court that she was discriminated against on the grounds of her disability in that the company failed to accommodate her reasonably.
The court found that Ms Parker was transferred to another job against her wishes, that she was not allowed close the door to her office, despite her wishes, and that she had resigned because of her unhappiness, inability to perform in her new job and fearing the effect on her health.
It said that, in transferring her to new duties, the company had not made any move to assess her needs in the light of her disability, or to do all that was reasonable to accommodate these needs or provide her with special treatment or facilities.
Solicitor Ms Moya de Paor, who took the case, said that the judgment was an important decision for people with disabilities.
"It means that employers must take reasonable steps to accommodate the needs of an employee suffering with mental health problems," she said. "If they don't, employers may be open to an action for constructive dismissal if the employee is forced to resign."