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Cernovs loses race discrimination and harassment complaints against Gama Construction

By Niamh Kearney

Workplace decision ·

Aleksejs Cernovs’s race discrimination and harassment complaints against Gama Construction Ireland Ltd failed. Equality Officer Brian O’Byrne dated the decision 21 July 2010. Cernovs said he was dismissed because he was Latvian and that a Turkish foreman harassed Latvian workers and moved him to flag duties. The company said steel-fixing work was ending and dismissed him for disciplinary reasons after complaints that a road crossing he was assigned to cover had been left unmanned. The officer found the company had grounds to call a disciplinary hearing and that interpretation was available. Cernovs did not establish facts suggesting his nationality influenced his dismissal. The harassment claim also failed: there was no supporting witness evidence, and payslips showed he continued as a steel fixer until 14 August 2006, contrary to his account that the transfer happened in January.

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