The Workplace Relations Commission found that a customer was not discriminated against, harassed or victimised by O’Keeffe’s SuperValu in Bantry over mask exemption checks during Covid-19 restrictions. The decision was dated 7 June 2023.
George-călin Breban said he was exempt from wearing a mask and alleged the supermarket refused him service on 11 January 2022. He also said he was harassed and victimised when he returned the next day seeking the company’s details. The supermarket denied the claims and said he had not provided proof of exemption when asked.
The adjudication officer found Breban had not established a prima facie case of disability discrimination or denial of reasonable accommodation. A prima facie case is enough initial evidence to require the other party to answer an allegation. The officer found Breban had not provided the exemption letter he said he had with him, so the supermarket was not on notice of his claimed entitlement to an exemption related to disability.
The officer also found Breban was not harassed or victimised. The manager had offered home delivery, cutting the usual wait from 48 hours to 24 hours. All three complaints were found not well founded.