The Workplace Relations Commission found that George-Calin Breban was not discriminated against after he was refused service at O'Callaghan's Expert for not wearing a mask. The decision, dated 22 November 2022, concerned his claim that the business failed to accommodate a disability during Covid-19 mask restrictions.
Breban said he had a GP certificate stating that he suffered severe anxiety when wearing a face mask, but he could not recall when he presented it. The respondent said staff had not been told he had a disability. A former director said CCTV showed that no certificate was produced, although the footage had since been wiped.
The adjudication officer accepted, based on the medical certificate, that Breban had a disability. But the officer found that he had neither produced the certificate nor otherwise informed staff of the nature of his disability. The respondent had therefore not been put on notice of the disability, and Breban did not establish a prima facie case of discrimination. The WRC found no discrimination under sections 3 or 4 of the Equal Status Acts.