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WRC award €7,000 in discrimination case

In the recent decision of Eugene Hanly of the WRC in the case of Warehouse Operative v Distribution Company, ADJ-00008313, the Complainant was awarded €7,000 for discrimination. Three separate incidents took place under which the Complainant made a complaint of discrimination. The Adjudicator was satisfied that the Respondent acted reasonably to the first complaint having removed the graffiti and painted over it. The Respondent also called a meeting of all management and staff and set out their standards regarding such behaviour while referring to the policy in the staff handbook. The second incident was out of time. The Respondent carried out an investigation into the third incident which escalated to a disciplinary investigation as it was determined that the employee had committed a racist act. The disciplinary sanction of an informal warning was given. The Adjudicator noted that the Complainant was not advised of the outcome of the disciplinary investigation, no convening of a general meeting occurred as it did in response to the first incident and the Respondent failed to refer to their existing policy or review such policy in light of a recurrence of racism in the workplace. The Adjudicator determined that the Respondent did not take sufficient steps to ensure that it did not reoccur. The Complainant was awarded compensation of €7,000 and the Adjudicator decided that the Respondent should provide training on discrimination in the workplace concerning race and sexual orientation and preferably provided by an external independent body.

http://www.workplacerelations.ie/en/Cases/2018/April/ADJ-00008313.html

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