WRC rejects two discrimination complaints against Moriarty’s Supervalu Skerries

The Workplace Relations Commission found that Marcin Nowak was not discriminated against on disability grounds in either his employment or as a customer at Moriarty’s Supervalu Skerries. The decision, dated 4 January 2023, concerned his complaints under the Employment Equality Act and Equal Status Act. Nowak said claustrophobia prevented him from wearing a face covering and that he was excluded from work and refused service while shopping. The supermarket said it considered alternative roles but concluded none could be done safely without a face covering during the public-health emergency. The WRC found that the employer had considered other roles and was not required to let him work without a face covering. It also found the store could reasonably require a face covering during the public-health emergency, given the risk of Covid-19 transmission. Both complaints were not well founded.