Equality Officer Orla Jones found that a respondent racially harassed an employee and ordered €2,000 compensation for the distress caused. The decision, dated 28 December 2012, also found victimisation established, while rejecting race-discrimination claims about working conditions and dismissal.
An employee said a senior manager called him a gorilla during a team-building exercise. A respondent said the word was part of a game in which staff acted as animals. The officer found that the instructor and a respondent witness said gorilla was not among the animals used, and that the employee's account was consistent and convincing while the respondent's evidence was inconsistent.
The officer also found victimisation established after the employee received a P45 following a Rights Commissioners complaint, although the document was sent in error and did not affect his employment, pay or conditions. The respondent said the dismissal followed an investigation into inappropriate websites accessed on a work computer; the officer found the decision was not influenced by race. The website allegations were not the subject of a criminal finding in this decision.