Courts / Dublin / Report

Luas worker wasn't penalised for reporting alleged racist comments by security manager, WRC finds

Summary

A Luas employee, Matthew Cullen, claimed that a security manager said he would not hire black or Indian staff. The Workplace Relations Commission ruled that Cullen's report was a protected disclosure, but he was not penalised for it. Cullen also alleged that his safety concerns about staffing levels and equipment were ignored, and that he was dismissed after refusing to check tickets. The commission found no evidence of penalisation for his safety complaints and dismissed his statutory complaints. The commission accepted that Cullen's allegations of discriminatory recruitment were a protected disclosure, but found no proof that the manager had hiring authority. The decision concluded that Cullen was not sent home because of his refusal to work, and that the company had no evidence of unlawful hiring practices. The case was closed with no further findings.

Who, what, where, when and why

What: Report matter: Luas worker wasn't penalised for reporting alleged racist comments by security manager, WRC finds. Procedural stage: hearing_or_decision

When:

• 27 April 2021 Hearing Or Sentence
• 27 January 2022 Other
• October 2021 Other
• 2024-01-24 Publication

Why: " Adjudicator Breiffni O'Neill found on the balance of probabilities that Mr Cullen "was not sent home because of his decision not to work… he simply refused to do his duties and left the workplace of his own volition". CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report