Courts / Ireland / Report

Garda claimed discrimination after breakfast cut short

Summary

The Workplace Relations Commission has rejected a discrimination complaint under the Equal Status Act brought by a garda against a hotel. The adjudicating officer ruled the complaint was made out of time, as it was filed beyond the statutory two-month deadline following an alleged incident in February 2020. The complainant claimed a 16-year-old work experience student and a waitress treated his family differently because he was a foreign national, alleging they were asked to leave breakfast early while other guests were welcomed. The hotel argued the staff were preparing for major events and that the student's behavior, described by the complainant as a "smirk," did not constitute prohibited conduct. The adjudicator found the complainant failed to establish a prima facie case of discrimination, noting there was no evidence that other guests were treated differently based on nationality. The decision was anonymised to protect the identity of the minor student. The adjudicator also noted that a medical certificate provided by the complainant did not justify an extension to the filing timeline. Consequently, the complaint was dismissed on procedural grounds, and the adjudicator explicitly found that the respondent did not engage in prohibited conduct.

Who, what, where, when and why

What: Report matter: Garda claimed discrimination after breakfast cut short. Procedural stage: hearing_or_decision

When:

• February 2020 Incident
• 21 February Other
• 11 June 2020 Incident
• 2022-03-23 Publication

Why: A garda who claimed a work experience student at a hotel "smirked at" him and made his family cut their breakfast short because he's a foreign national has had his discrimination complaint rejected. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report