Courts / Ireland / Report

Supermarket whose staff said Roma man shouted and called them racists must pay him €6k

Summary

The Workplace Relations Commission ordered an unidentified supermarket to pay €6,000 in compensation to a Roma man for racial discrimination and harassment under the Equal Status Act 2000. Adjudicator Thomas O'Driscoll found that the man was refused service on 5 October 2023 based on a stereotype associated with his Roma heritage, rejecting the respondent's claim that he was barred for shouting and calling staff racists. The tribunal concluded the refusal of service constituted discrimination that was not satisfactorily rebutted, and the ejection from the shop amounted to harassment. The adjudicator noted the humiliation suffered in front of the claimant's daughter as an aggravating factor. While the claimant alleged victimisation for filing a previous notice of discrimination on behalf of his wife, the tribunal found no evidence that shop workers knew of this notice, thus rejecting that specific claim. The respondent denied bias, attributing the incident to the claimant's aggressive behaviour, but the adjudicator deemed their evidence unconvincing, particularly regarding the deletion of crucial CCTV footage. In a separate decision, Adjudicator Patsy Doyle awarded €5,000 to an 11-year-old Traveller boy who was refused service at a different shop. The tribunal found the shop failed to prove its policy of not serving unaccompanied under-14s after 6pm was applied consistently, noting receipts showed non-Traveller minors were served without issue. The shop was ordered to ensure its policy is implemented in a non-discriminatory manner. Both decisions were anonymised.

Who, what, where, when and why

What: Report matter: Supermarket whose staff said Roma man shouted and called them racists must pay him €6k. Procedural stage: hearing_or_decision

When:

• April 2023 Other
• 5 October 2023 Other
• 23 November Other
• January 2020 Other
• 2024-09-19 Publication

Why: This was because, according to the store's owner, she became abusive and threw a basket at him after he told her that her children were being disruptive and annoying customers. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report