The Workplace Relations Commission did not uphold Yovanah Cundapah’s complaint against Ronan McDermott, trading as Spar Dolphins Barn. Adjudication Officer Catherine Byrne dated the decision 25 November 2021. Cundapah alleged discrimination on gender, race and religion grounds, as well as victimisation and harassment.
Byrne confined her consideration to events within the relevant time limit, from 17 September 2020 to 17 March 2021. Earlier allegations about lifting heavy products during pregnancy and being asked to speak English at work were outside that limit; no application to extend it was made.
The decision said a food-safety disagreement concerned new procedures and found no evidence that how Cundapah was treated was related to her gender or pregnancy and maternity leave, religion or Mauritian origin. Byrne found no facts supporting a presumption of discrimination in the CCTV allegation, no unfavourable treatment in the handling of Cundapah’s parents’ leave application, no evidence of victimisation and no substance to the harassment allegation. The WRC concluded that Cundapah had not established the primary facts showing discrimination on gender, religion or race grounds.