Law firm Mason Hayes and Curran has been ordered to retrain its managers on disability policies and pay €5,000 compensation to a dismissed solicitor suffering from ‘long Covid’ and depression following a ruling that it discriminated against him.
The company, Ireland’s fifth-largest legal practice, with a turnover of €114 million last year, has also been given three months to provide training to senior managers on its anti-discrimination policies by the Workplace Relations Commission.
It follows a finding that Mason Hayes and Curran LLP failed to consider whether it could assist senior associate solicitor Oisín Gourley with reasonable accommodation for “long Covid” and depression before deciding he had failed his probation and dismissing him last year.
In a decision published today the employment tribunal rejected further allegations of discriminatory harassment, victimisation and dismissal made by Mr Gourley under the Employment Equality Act 1998 against the firm.
Mr Gourley had claimed his dismissal from the company after six months’ probation in August 2023 was linked to his disabilities and that having filed a grievance alleging disability discrimination, acts of harassment or victimisation continued until October that year as it was investigated.
John Cleary of SIPTU, appearing for the employee, submitted that his client was experiencing “a lot of fatigue” and failing to retain or process information during his time with the firm – leaving him “anxious about making mistakes and about the quality of his work” and feeling “overwhelmed”.
The law firm’s barrister, Rosemary Mallon BL, submitted that the client Mr Gourley had been hired to look after had expressed concerns about the handling of its files in June 2023.
However, it held off on making a formal warning under the service level agreement as it was the first time in nine years there had been an issue, she submitted.
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