Smyths Toys wins discrimination case over Athlone shop incident

The Workplace Relations Commission found a complaint by Julie Pamela McGinley against Smyths Toys Superstores was not well founded. McGinley said she was stopped after paying for goods at the company’s toy shop in Athlone because she is a member of the Travelling Community. The WRC decision, dated 27 September 2022, said the employee had made no assumption about McGinley and honestly believed he was acting helpfully. The adjudication officer found McGinley had not established a prima facie case, meaning enough evidence to support an inference of discrimination. The complaint failed because she did not establish prohibited conduct by the respondent through its employee. Smyths denied discrimination and said the employee had made an honest, unintentional mistake while trying to help. The company also raised a preliminary objection about the timing of McGinley’s notice and WRC complaint, but the officer found she was entitled to bring the case.