The Labour Court found that a company dismissed a worker on grounds of disability and ordered it to pay €14,750 compensation. The determination was signed on 9 February 2005. The award comprised €4,750 for lost earnings and €10,000 for the effects of discrimination.
The worker had been employed as a switchboard operator for 18 years before resigning after the company transferred her to clerical duties. She said the company knew she had obsessive compulsive disorder and did not address her concerns about noise and keeping her office door open. The company said it reassigned her because customer calls were going unanswered, and that it offered support with her new duties and noise concerns.
The Court found the company knew of the worker’s disability and transferred her against her wishes. It also found the company made no move to assess her needs or take reasonable steps to accommodate them. The Court concluded that she had been dismissed on grounds of disability.