The Labour Court affirmed a €10,000 race discrimination award and varied the victimisation award to €20,000, down from €30,000. The determination was signed on 6 May 2009, following Watters Garden World Limited’s appeal of an Equality Officer decision in favour of Iurie Panuta.
Watters Garden World accepted the race discrimination finding but challenged the award amount. It also appealed the victimisation finding and award, saying it had contacted Gardaí over concerns about related personal injuries litigation. Panuta said the employer contacted Gardaí about his immigration status after learning of his equality claim, leading to his arrest and charges.
The Court found the Garda contact was a reaction to Panuta’s equality claim, with adverse consequences that were foreseeable. It said the employer’s evidence did not rebut the inference of victimisation. The Court affirmed the discrimination finding and its €10,000 award, and affirmed the victimisation finding while reducing that award to €20,000. It said the victimisation warranted substantial compensation, but excluded the arrest and court proceedings from its assessment. Neither award included lost pay.