Cork cinema ruled to have discriminated against former duty manager who has autism
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One of Cork’s largest cinemas has been ordered to pay €12,000 compensation to a former duty manager over its failure to provide him with reasonable accommodation for his autism.
The Workplace Relations Commission ruled that Omniplex Cork based in Mahon Point had breached the Employment Equality Act 1998 by discriminating against Dylan O’Riordan on grounds of disability.
Mr O’Riordan resigned from the company on June 7, 2024, after over two years in the job over allegations that it had failed to provide him with reasonable accommodation.
The WRC heard that he had referred to his autism on his job application but did not require special or reasonable accommodation at the time.
However, Mr O’Riordan told the WRC that his mental health had deteriorated in the last number of months in the job and he had sought reasonable accommodation from his manager.
He claimed he had explained his severe difficulties on many occasions including one time when he had to leave a shift early in October 2023.
While being off work for several months, Mr O’Riordan said he had repeatedly asked for consistent scheduling with two days off to rest and recover and not to be rostered exclusively to close the cinema, but felt he was getting nowhere.
His wife told the WRC that the cinema’s general manager had remarked that autism was a “superpower” in a conversation they had about her husband’s condition which she claimed highlighted a concerning misunderstanding and unwillingness to acknowledge his disability.
However, Omniplex Cork strongly denied all claims made by Mr O’Riordan and his wife and argued that the complainant had failed to show how he had been treated less favourably.
The company claimed he had been provided with reasonable accommodations and rejected any suggestion that he had been victimised.
It also said its HR manager had communicated extensively with Mr O’Riordan with suggestions about how accommodation could be facilitated at work including the use of noise-reducing earplugs.
The company claimed internal workplace procedures were not given time to conclude before Mr O’Riordan filed a complaint with the WRC.
WRC adjudication officer, Gaye Cunningham, noted that accommodation was provided for other staff members who were pregnant or students in the arranging of suitable shifts that suited their circumstances.
Ms Cunningham said no such accommodation was afforded to Mr O’Riordan with some of the reasons being due to his role as a full-time duty manager which meant he had provided a prima facie case of discrimination.
She acknowledged the company’s HR manager had made efforts to reach some agreement with Mr O’Riordan over a lengthy period and that the issue had been made more complicated by a set of 16 grievances raised by the complainant which required a significant amount of work.
However, Ms Cunningham said his acute needs given his situation had not been fully addressed, particularly in relation to the absence of certainty about having two consecutive days off work to allow for adequate rest which caused Mr O’Riordan a significant difficulty.
She noted occupational health reports made the requirements for consistency and rest in his work schedule clear.
Awarding Mr O’Riordan €12,000 in compensation, she also instructed the cinema to carry out either awareness training or workshops “in an effort to introduce a positive management approach to staff with neurological complex conditions such as autism”.
The WRC rejected a complaint by Mr O’Riordan that he had been victimised as it ruled he had not been dismissed as he had initiated proceedings at the end of his employment.