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Disability discrimination complaint over Gala mask policy fails

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Manor Forecourts Ltd t/a Gala did not discriminate against Marguerite Kinsella in a complaint about a mask policy at its service station and shop. The decision was dated 16 August 2022.

Kinsella said she was exempt from wearing a mask and that a manager told her she would not be served without one. The respondent said she was not refused service and had bought a magazine. Her husband represented her and gave evidence at the hearing.

The WRC found that Kinsella was served and made a purchase that day. It concluded that she had not established the basic facts needed to infer disability discrimination, and dismissed the complaint. A prima facie case means enough initial evidence to support such an inference unless the other side rebuts it.

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