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WRC cannot hear customer’s race complaint over nightclub incident

By Eimear Byrne

Workplace Relations Commission ·

The Workplace Relations Commission could not hear a customer’s complaint that nightclub staff racially abused him as he left the premises. The officer found that the events took place in the exit corridor and at the entrance to the licensed premises, where the WRC lacked jurisdiction. The merits were not decided. The decision was dated 15 September 2016.

The customer said a security manager directed a racial insult at him. The nightclub denied discrimination and said security staff intervened in an argument involving customers. CCTV and body-camera footage shown at the hearing did not capture the key moment complained of.

The adjudication officer found the events fell under Section 19(11)(A) of the Intoxicating Liquor Act 2003, which removed Equal Status Act jurisdiction over prohibited conduct on or at the point of entry to licensed premises. The complaint was therefore inadmissible.

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