Courts / Ireland / Report

Intellectually disabled woman mistaken for shoplifter wins €15k in compensation

Summary

A Workplace Relations Commission adjudicating officer awarded €15,000 in compensation to an intellectually disabled woman who was refused service after being mistaken for a shoplifter. The incident occurred on 18 November 2021, when a security manager denied the complainant entry, stating she was banned from the premises. The shop's security manager claimed he recognised the woman from a previous shoplifting event but did not ask her name. The complainant's sister testified that the store manager alleged the woman had been caught shoplifting and that gardaí were involved, claims the sister refuted after checking with the local Garda station, which had no record of such an incident. The shop's legal representative, Hannah Cahill BL, argued the case was one of mistaken identity and that the complaint was unfounded. Adjudicating officer Shay Henry accepted that the denial of service was based on mistaken identity but found that the complainant was discriminated against on the grounds of her disability under the Equal Status Act 2000. He noted that the respondent's explanation was only provided just before the hearing and that no apology was ever given. The officer concluded that due to her disability, the complainant was unable to challenge the assumption on the day, resulting in distress. The decision was made anonymous to protect the complainant's privacy.

Who, what, where, when and why

What: Report matter: Intellectually disabled woman mistaken for shoplifter wins €15k in compensation. Procedural stage: trial

When:

• 18 November 2021 Incident
• 2023-04-12 Publication

Case subjects

Places mentioned

Topics

Stage Trial

Read the original CNI report