Courts / Mayo / Report

Man alleged to have told Belmullet staff everyone was 'brainwashed' loses mask discrimination claim

Summary

Noel McGrath, the applicant, lost his discrimination claim under the Equal Status Act against Aurivo Co-Operative Society Limited. The Workplace Relations Commission dismissed the allegation that McGrath was discriminated against on the grounds of disability after a cashier at a Homevalue store in Belmullet refused to serve him without a face mask on 22 March 2021. McGrath alleged he was exempt from masking rules due to a medical condition and claimed staff refused service until the manager intervened. However, adjudicating officer Janet Hughes found that McGrath did not disclose his disability or medical reason to the cashier or other staff during the incident. The officer noted that the cashier's refusal was motivated by personal safety concerns for herself and her vulnerable father, rather than any dismissal of a health issue. Evidence from a shop worker, deemed credible by the officer, indicated McGrath told colleagues that everyone was "brainwashed" and that the situation was a "conspiracy." The Commission concluded that the refusal to serve was not related to a disability at any stage. Consequently, the claim was dismissed, and no finding of discrimination was made.

Who, what, where, when and why

What: Report matter: Man alleged to have told Belmullet staff everyone was 'brainwashed' loses mask discrimination claim. Charges or matters: discrimination claim under the Equal Status Act. Procedural stage: hearing_or_decision

When:

• 22 March Other
• 2022-06-23 Publication

Why: He maintained that the statutory instrument on face coverings had "no requirement" to show proof of disability in order to be exempted, and that he said this to the cashier. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report