A woman with epilepsy has been awarded £15,000 by the Labour Court for discrimination in her employment. It is the first successful case taken under new equality legislation outlawing discrimination on disability and eight other grounds.
The case was taken by the Equality Authority on behalf of the claimant, who worked for a Limerick computer component factory.
The woman worked as a packer on a temporary basis. After several weeks, her supervisor said her work was very satisfactory and the company would like to employ her on a permanent basis.
She filled in an application form, on which she stated she had epilepsy, which was controlled by medication. She was required to undergo a medical examination and the doctor told the personnel officer by phone of her epilepsy. She was dismissed with immediate effect.
The Labour Court found there was no discussion of the company's concerns with the claimant and no safety assessment which could have identified the extent, if any, to which the working environment presented a danger to the claimant.
Nor did the company wait for a written medical report from the doctor which stated that the claimant's epilepsy presented no problem for the type of work she was doing, though she should not operate heavy machinery.
The company admitted it dismissed the claimant because of her epilepsy, but said it did so on medical advice and it was company policy that all employees carry out all tasks associated with the production process.
The Labour Court did not accept the company's conclusion that the claimant could not safely undertake her duties, and said it did not give the slightest consideration to providing her with reasonable facilities to overcome any difficulties.