Courts / Cork / Report

'Apartheid Irish style': Racecourse bookie left out in rain is 'mistaken' in victimisation claim

Date
2023-04-19

Stage
Hearing Or Decision

Primary locality
Mallow

County
Cork

Summary

A Workplace Relations Commission adjudicating officer has dismissed a discrimination and victimisation claim brought by racecourse bookmaker Jim Desmond against the Association of Irish Racecourses CLG (AIR). Mr Desmond alleged that the operator of Mallow Racecourse refused him access to a tent during wet weather on 31 October 2021, a restriction he described as "apartheid Irish style." He claimed this constituted a "man-made discriminatory rule" imposed by AIR, arguing that other betting operators were allowed indoor facilities while on-course bookmakers were not. Mr Desmond, who stated he had attended Mallow meetings for 70 years, sought improved facilities rather than financial recompense and later attempted to progress the claim on the grounds of disability, citing compromised mobility. However, he acknowledged he had not specified a protected characteristic in his initial statutory notification. AIR chairman Paddy Walsh responded that the association had no role in designing betting rings and that Mr Desmond had failed to link his complaint to prescribed grounds. Adjudicating officer Patsy Doyle found that Mr Desmond did not have a protected disability and had not been refused service by AIR, as he paid the racecourse directly for his pitch. She determined there was no less favourable treatment by AIR and that the matter was a commercial dispute. While noting Mr Desmond acted in genuine belief, she concluded he was "mistaken" in his claim for victimisation.

Who, what, where, when and why

What: Report matter: 'Apartheid Irish style': Racecourse bookie left out in rain is 'mistaken' in victimisation claim. Procedural stage: hearing_or_decision

When: