The Workplace Relations Commission found that Xiaodong Shi was not discriminated against or harassed by Pfizer Shared Services Unlimited Company on the race ground, and was not victimised. The decision was dated 29 September 2022.
Shi worked as an accountant on assignment to Pfizer as an agency worker. He alleged that colleagues made race-related comments and treated him unfairly because of his Chinese background. Pfizer denied the allegations and said he had not established facts supporting an inference of discrimination.
The WRC found that Shi received training and assistance, and that the issues he raised about tea breaks and a replacement laptop did not establish less favourable treatment. It also found no prima facie case of race harassment, noting that Shi had not corroborated the allegation and reported the comment to management five months later. His victimisation claim failed because he had not complained to Pfizer about discrimination or harassment before his performance review.
The WRC found Pfizer was the provider of agency work and had jurisdiction to hear the complaint. The Employment Equality Act protects agency workers from discrimination by the provider of their work.