Courts / Ireland / Report

Worker wins €5k over 'offensive' remarks on immigrants in work canteen

Summary

A mixed-race worker has been awarded €5,000 in compensation for racial harassment following a complaint under the Employment Equality Act 1998. The adjudicator, Orla Jones, found that comments allegedly made by a supervisor, identified as Ms H, in a work canteen on 19 July 2023 created an intimidating and offensive environment for the complainant. The worker alleged that Ms H made hateful remarks regarding immigrants, stating they were 'mixing with us.' While the employer's investigation could not confirm or deny the comments, and Ms H denied making them in that context, the tribunal was satisfied the remarks had the effect of harassment. The decision was anonymised due to overlapping matters under an Industrial Relations Act claim. Ms Jones ruled the complaint well-founded, noting it was unsatisfactory that the employer failed to engage further on a transfer request, which she deemed a failure to reverse the effects of harassment. However, she rejected claims of less favourable treatment regarding the transfer refusal and any allegation that the worker was penalised for making the complaint. The case was concluded with the award of compensation.

Who, what, where, when and why

What: Report matter: Worker wins €5k over 'offensive' remarks on immigrants in work canteen. Procedural stage: charge_or_pretrial

When:

• 19 July 2023 Other
• 2024-06-24 Publication

Why: The claims were made as part of a complaint under the Employment Equality Act 1998 by the worker against an unidentified manufacturer of medical devices – the WRC anonymising its decision because the case overlapped with matters under adjudication behind closed doors in a further Industrial Relations Act claim. CNI source report

Case subjects

Topics

Stage Charge Or Pretrial

Read the original CNI report