Dylan O’Riordan's Discrimination Award Increased to €29,000 by Labour Court

The Labour Court has increased a Workplace Relations Commission (WRC) award for Dylan O’Riordan, an autistic cinema worker, from €12,000 to €29,000. O’Riordan had claimed Omniplex Cork Ltd failed to provide reasonable accommodations for his autism and mental health issues. Both parties had appealed the October 2024 WRC decision.

Chaired by Alan Haugh, the Labour Court found that while Omniplex Cork Ltd attempted some accommodations, it did not prove that the unprovided supports would have been an undue burden. The court cited the European Court of Justice case, Von Colson v Land Nordrhein-Westfalen, emphasizing that discrimination awards must be «effective, dissuasive, and proportionate».

O’Riordan began as a part-time supervisor in March 2022, becoming a full-time duty manager in March 2023 with a €29,000 annual salary. He informed the company of his disability during recruitment and repeatedly requested accommodations for his roster and work environment from summer 2022, including having two consecutive days off and avoiding stressful late shifts. After an incident in October 2023 where he left a shift with an unresolved projector issue, an email exchange highlighted his unaddressed accommodation requests.

In January 2024, occupational health consultants Medmark recommended accommodations, including avoiding late shifts and providing two consecutive days off. While the company made efforts, O’Riordan rejected three rostering suggestions as inadequate. He ceased engagement with the company after his general manager allegedly dismissed autism as a disability. He filed a discrimination complaint in April and resigned in June. The court noted the company's considerable delay and lack of adequate explanation for not acceding to his clearly articulated requests, which aligned with their own consultants' recommendations.