The Workplace Relations Commission ordered Mason Hayes & Curran Llp to pay Oisín Gourley €5,000 after finding the firm failed to assess whether reasonable accommodation could help him perform his role before dismissing him. The WRC also ordered a review of the firm’s accommodation policy and management training on it.
Gourley worked as a senior associate solicitor. The firm said it dismissed him after concerns about his performance for a client and said his role became untenable when the client did not want him assigned further work. Gourley said his long COVID and mental health conditions affected his work and that he sought more time and assistive technology.
Adjudication Officer Marie Flynn, in a decision dated 16 April 2024, found that the firm should have made enquiries into his fitness for the role and whether adjustments could address his difficulties. The WRC did not find that his dismissal itself was discriminatory, or that the firm victimised or harassed him. It also rejected his minimum-notice complaint.