Courts / Dublin / Report

'Did you have gonorrhoea in your life?': man fails in disability claim over face mask policy

Summary

The Workplace Relations Commission has dismissed a discrimination claim brought by Dorin Dusa against Heatons Unlimited Company and security contractor Bidvest Noonan (ROI) Ltd. Dusa alleged he was harassed and assaulted by a security guard at a Blanchardstown store in August 2020 for refusing to wear a face mask, claiming a medical exemption based on disability. During the hearing, Dusa refused to disclose his medical records to opposing counsel or the public, demanding that adjudicating officer Penelope McGrath review them privately. He also attempted to compel the defending barrister to reveal his own medical history. Andrew Reilly, representing Bidvest Noonan, cross-examined Dusa, who admitted he did not report the alleged incident to gardaí. Bidvest Noonan stated it conducted a thorough investigation and wholly rejected the claims. In her decision, McGrath found that Dusa failed to prove he had a valid medical exemption or that he informed the guard of his disability on the day. She noted that Dusa raised the possibility of an exemption without proving it and that the security guard eventually allowed him to enter the shop. The adjudicator ruled that Dusa did not establish a prima facie case for either respondent to answer, finding that neither Heatons nor Bidvest Noonan discriminated against him.

Who, what, where, when and why

What: Report matter: 'Did you have gonorrhoea in your life?': man fails in disability claim over face mask policy. Procedural stage: hearing_or_decision

When:

• Friday 28 August 2020 Incident
• 2022-07-04 Publication

Why: "The sole motive as to why [the guard] stopped me and put his hand on my shoulder and harassed me in front of my daughter is solely because I did not wear a mask," he said. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• Murderer argues he was 'out of control' following Christmas Eve steakhouse shooting
• State drops all charges against double killer Derek Boyd's partner
• Driver who switched off headlights in effort to evade gardai fails in sentence appeal
• Derek Boyd now a double killer as jury finds him of guilty of murder
• Murder accused's previous conviction for manslaughter of sister can only be used if relevant, judge charges jury
• Not a 'shred of evidence' that Derek Boyd's girlfriend knew nature of injury to deceased man, defence tell trial

Read the original CNI report