The Labour Court allowed Limerick City Council’s appeal and set aside the €5,000 award to firefighter Martin Mannering over a racist note left in his locker. The determination was signed on 16 April 2012.
Mannering complained of harassment on grounds of nationality. The Equality Tribunal accepted that the note amounted to harassment and held the council liable, awarding him €5,000. The note’s author was unknown but was considered likely to be a council employee.
The Labour Court also accepted that the note was harassment. It found, however, that the council had taken reasonably practicable steps to prevent it through an equality and fairness policy provided during recruitment and induction and circulated to staff. The Court said the adequacy of the council’s investigation after the incident was irrelevant to whether it had taken preventive steps. It found the council was not liable and set aside the Tribunal’s decision and award.