An autistic film director who quit when his employer failed to guarantee him two days off in a row after a months-long dispute over scheduling arrangements has won €12,000 in compensation for disability discrimination.

The plaintiff’s wife presented evidence that her husband’s manager said she “did not consider autism a disability, but rather a ‘superpower,’” a comment the general manager denied making, the court noted.

The Workplace Relations Commission (WRC) ordered Omniplex Cork Ltd to pay the sum to Dylan O’Riordan following a complaint under the Employment Equality Act 1998, after ruling it had failed to provide adjustments reasonable for your disability.

The award was made after the court heard the company had a practice of “arranging suitable shifts” for students and pregnant workers, but “made no such accommodation” for Mr O’Riordan despite an occupational health assessment. which indicated that he needed consistency and rest. in your work week.

O’Riordan told the employment tribunal that he had suffered a “significant deterioration” in his mental health in his final months of work as a duty director at the cinema in late 2023. He had been promoted twice since he was first hired at March. 2022, but said he had informed his manager of having had “severe difficulties” “on many occasions,” he told the court.

The court heard that on a date in October last year, after a projector broke down at the cinema where Mr O’Riordan was in charge, the plaintiff informed his general manager that his shift was ending and that he “did not would stay to help.” .

Ibec official Niamh Ní Cheallaigh, appearing for the employer, said the CEO expressed concern about Mr O’Riordan’s mental health, referred him to the company’s employee assistance program and suggested to seek medical advice.

In further correspondence that month, Mr O’Riordan noted that he had been appointed to five upcoming closing shifts, followed by one day off and another four closing shifts in a row. He informed his employer that he would be unavailable for the next four days and would see his doctor, the court was told.

Mr O’Riordan then began a period of certified sick leave which continued from October 28, 2023 until his resignation on June 6, 2024, the court heard.

The plaintiff’s wife stated that she had spoken with the general manager the previous month and had expressed concern that her husband “was not receiving adequate rest periods between shifts.” She said the CEO’s response was to claim that she “did not consider autism a disability, but rather a ‘superpower,’” the court noted.

The plaintiff’s wife said the manager’s intention may have been to highlight “positive aspects of autism,” but that she considered the alleged comment “inappropriate” in the context of her husband’s difficulties.

The CEO denied the comment, saying she was “only concerned about (Mr O’Riordan’s) wellbeing”.

A meeting between the parties in November 2023 failed to resolve the issues, with Judge Gaye Cunningham noting there were “some disagreements about the minutes”.

In January 2024, O’Riordan narrowed down a series of complaints to seeking “consistent scheduling,” “two days off to rest and recover” in his work week and not being included “exclusively” on closing shifts, he was told. to the court.

An occupational health assessment was conducted on Jan. 29, 2024, Cunningham said, writing that it established a “clear” requirement for “consistency and rest” regarding Mr. O’Riordan’s workweek.

From February to April, Mr O’Riordan and a human resources manager exchanged correspondence regarding staffing arrangements, but were unable to reach an agreed position. She then launched a legal complaint by notifying the employer of alleged discrimination in April before resigning from her job on June 6 of this year.

In her decision, Ms. Cunningham wrote that the plaintiff had raised an inference of discrimination because, although it was a common case that “pregnant employees and students” had been accommodated in shift arrangements, “there was no such accommodation” for Mr. O’Riordan.

He noted efforts by the company’s human resources director to reach an agreement over a “long period” but said Mr. O’Riordan’s situation “was not fully addressed,” noting in particular “the absence of certainty in relation to two consecutive days”. off”.

Ms Cunningham accepted the complaint and concluded that the company discriminated against the worker on the basis of disability by failing to provide him with reasonable adjustments.

He ordered the company to pay €12,000 in compensation and to carry out “awareness training or workshops in an effort to introduce a positive management approach for staff with complex neurological conditions such as autism”.

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