An award of IEP 15,000 was made in autumn 2001 by the Labour Court, the national adjudication body, in the case of a woman dismissed after her employer learned that she had epilepsy.
In autumn 2001, the first successful claim under Ireland's new disability discrimination law – taken by a woman dismissed because of her epilepsy – resulted in an award of IEP 15,000.
An award of IEP 15,000 was made in autumn 2001 by the Labour Court, the national adjudication body, in the case of a woman dismissed after her employer learned that she had epilepsy.
The case is the first success by a claimant under the disability provisions of Ireland's 1998 [Employment Equality Act](http://www.odei.ie/EmploymentEquality/Employment Equality Act, 1998.htm) (IE9909144F). The Equality Authority, the state equality promotion body which represented the woman concerned, said that the decision 'will have a profound effect on the treatment of employees with disabilities'.
The claimant's epilepsy is well controlled by medication and she had worked at a computer plant for a number of weeks without problems. Her supervisor had told her that her performance was very satisfactory, adding that the company would like to take her on as a permanent employee. She had to undergo a medical test for the permanent position. She had already declared her epilepsy on the job application form and the doctor telephoned the company's personnel officer to say the worker had epilepsy. She was dismissed with immediate effect.
The company did not carry out a safety assessment which could have identified the extent of any danger involved and how it could be overcome. Neither did it wait for the written medical report, which said that the employee's epilepsy was no problem unless she had to work heavy machinery.
The company admitted that it had dismissed the worker because of her epilepsy, but said that it did so on medical advice. It stated that all workers had to be able to do all tasks and that the claimant's job involved heavy machinery.
The Labour Court said that it was clear that the worker would not need to operate machinery all the time and it could have been arranged for her not to use machinery. The company should have considered providing her with reasonable facilities which could overcome any difficulties.
The IEP 15,000 reflects equivalent high awards in UK disability discrimination cases (UK0104127F).
Eurofound recommends citing this publication in the following way.
Eurofound (2001), First successful disability discrimination case, article.
