Labour Court upholds €10,000 award to Ms B in disability discrimination case

The Labour Court rejected A Government Department’s appeal and upheld €10,000 compensation for Ms B after finding that disability influenced its decision not to promote her to Staff Officer. The Court’s determination was signed on 30 January 2006. Ms B, a Civil Service Clerical Officer in Co Donegal, was the most senior candidate for the post. The department said its decision was based on performance concerns; Ms B disputed the criticisms and said her inability to use computers explained why she was passed over. The Court found that computerisation had restricted the duties and experience available to Ms B, affecting the manager’s assessment of her performance. The department had not considered other measures to help her take part in computerised work or reduce the disadvantage to her promotion prospects. It was also satisfied she had not been warned of concerns about her suitability for promotion. The Court concluded that the department had not rebutted the inference of discrimination. It affirmed the Equality Officer’s decision and directed the department to provide training to relevant staff on reasonable accommodation.