School book publisher Edco has denied discriminating against a sales rep after she was told she could not stay in her job because medical advice telling her not to lift more than 3kg meant its textbooks were too heavy for her to carry more than one at a time.
Worker Mary Tracy has alleged disability discrimination against her former employer - and says one of its competitors has been able to take her on as a sales rep by allowing her to use a trolley and carry less stock into schools.
The Workplace Relations Commission (WRC) is holding hearings this week on Ms Tracy's complaint of disability discrimination under the Employment Equality Act 1998 against Smurfit Kappa Ireland Ltd, trading as the Educational Company of Ireland, or Edco.
Ms Tracy suffers from systemic lupus erythematosus, or lupus SLE, an autoimmune disease which causes inflammation of the joints, having been first diagnosed in 2013, the tribunal was told.
A barrister for the company said medical advice restricting Ms Tracy from lifting more than 3kg at a time ruled out Ms Tracy carrying more than a one book - and that it would be "contrary" to Edco's sales model not to go into a staff room without samples for all interested teachers to hand.
Some textbooks published by the company weigh up to 2.7kg and would tip the scales past 3kg if presented with their accompanying teacher reference book, the WRC heard.
Michael Kinsley BL, appearing for the complainant instructed by the Irish Human Rights and Equality Commission (IHREC), submitted that his client had told her employer as early as April 2022 that "the demand that she carry what she said was an excessive amount of books into schools was causing a flare-up" in her lupus.
After medical assessors became involved, management then "latched on" to the 3kg weight restriction - with Ms Tracy forming the view by the following spring that she was being "managed out", he submitted.
Ms Tracy's position is that the level of manual handling involved in the job was not made clear to her when she interviewed - a position contested by the company - and that she was "overwhelmed by the amount of stock" she had to carry in her capacity as a rep covering schools in Carlow, Kilkenny and Kildare.
She said that if the publisher put out a new book for a particular subject, it was "expected that each teacher would get a copy of this book".
At one of her schools in Naas, Co Kildare, there were ten teachers in the Irish department, she said. That meant that when she went to pitch Edco's material for students in Junior Cycle there, she had to bring all ten of them books for First Year up to Third Year and their associated activity books.
"Why bring in 30 books?," her barrister asked.
"I never understood it. I actually thought it was a terrible waste of resources, and in terms of professionalism, it took away from my role as a sales rep. I'd be literally sweating trying to haul in all these books. The other reps from other companies weren't hauling in all this level of stock," she said.
Ms Tracy gave her evidence to the WRC in April this year, with two company witnesses giving evidence yesterday, and a further hearing in the matter scheduled for Thursday.
The complainant's former line manager, Edco sales manager Alan Wright, told the WRC that it was "a reality, unfortunately, in the industry, that each teacher will require a sample" and that if just a single volume was presented to a head of department, other teachers would be "offended" and would be "quick enough to let you know".
"It's a sales tool. We're selling to every teacher in the school because they're all part of the decision-making process," he said.
"My honest opinion is that a weight restriction of 3 kilograms would make the job undoable," he said, adding that any workaround would put Edco "at a distinct disadvantage in the market".
Following her referral to occupational health in January 2023, Ms Tracy's case was that a number of potential accommodations were discussed, including subdividing books into smaller boxes, having her car loaded by staff at Edco's warehouse in west Dublin, and giving her the use of a trolley.
Mr Wright said it was "unrealistic" to expect a clear path for a trolley all the way from a school car park all the way to a staff room.
She said the trolley suggestion would have been of assistance, but it was not taken up. Instead, starting at the mid-term break in March 2023, the company assigned a warehouse worker to travel with her to the schools in her territory and take responsibility for loading stock - but it was made clear to her it would not not be a "long-term" arrangement.
The WRC heard that after some further engagement with management on the issue in the first half of 2023, Ms Tracy was called to a meeting on 20 June last year and told the job was "not doable" for her.
Julie Glennon, a sales director at the firm, said in evidence that there had been a role under development since the previous November, and it was decided in discussions between herself and other members of the management team prior to the 20 June meeting to offer it to Ms Tracy.
She said Edco "didn’t want to lose" the complainant but that it had been made "very clear her role had terminated" at the start of the June 20 meeting.
Ms Tracy's position was that this new proposed role as "CPD [continuing professional development] executive" seemed to aimed at a person with a teaching qualification, who was to "develop a CPD programme" while also taking on marketing duties and "drive nationwide".
"It felt to me I was being set up to fail - I think I'm a capable person, but I don't have the skillset for this job. I would burn out in months," she said.
This was contested by Ms Glennon, who said: "I never considered that Mary wouldn't take the role. That role was ideal for Mary."
Emails, and then legal correspondence from Ms Tracy’s solicitor followed, before the matter was referred to the WRC. Ms Tracy was "signed off" with work-related stress later in the summer, before her dismissal was effected on 22 August 2023.
Niamh McGowan BL, appearing for the company instructed by Loughlin Deegan of IBEC, has argued the company was "damned if it did and damned if it didn't".
Ms Tracy was "not able to safely do her job", but its managers' efforts to "keep her safe gave rise to allegations that the employer was discriminating against her", she submitted.
She said Ms Tracy failed to engage with an "absolutely perfect" proposal for a different job.
The hearings, before adjudicator Kara Turner, are expected to conclude tomorrow.
