A Co Kildare security company sacked a worker who allegedly told an Asian colleague “you support terrorism back home and are in contact with al-Qaeda”.
The company, Provincial Security Services Ltd took the action after the Asian worker, Muqeet Haider made the complaint concerning the al-Qaeda taunt and another alleged comment by the work colleague who allegedly told him “only white people sit at reception”
The man allegedly told Mr Haider “I don’t give f**k – go and complain about me”.
Mr Haider told the WRC that the derogatory comments were made against him in June-July 2019 by the work colleague.
Mr Haider, who has worked with the company since December 2018, took a race discrimination case against Provincial Security Services Ltd under the Employment Equality Acts concerning the discrimination and harassment he suffered at the hands of his colleague.
Mr Haider told the WRC that he discussed whether he would be entitled to compensation with his solicitor and the security company refused to give him compensation.
Mr Haider stated that he was seeking compensation, payment for the last three weeks of his absence and medical expenses incurred.
However, the Workplace Relations Commission (WRC) has rejected Mr Haider’s discrimination case against the security company.
WRC adjudication officer, Eugene Hanly stated that Provincial Security Services Ltd took all reasonable steps to address the discrimination by a colleague once they were made aware of it and to reverse its effects.
In his findings, Mr Hanly found that the security company “took every reasonable step to deal with this incident of unacceptable behaviour and to reverse its effects on the complainant”.
Mr Hanly also found that Mr Haider was paid in full for the two-and-a-half months medically certified absence.
Mr Hanly stated that the company applied the highest sanction of dismissal to the perpetrator and that the company acted quickly and reasonably to address the matter.
The un-named perpetrator was sacked by the Kilcullen, Co Kildare registered Provincial Security Services Ltd in August 2019.
Mr Haider went out sick on July 26th until 24th September last.
Mr Haider availed of nine counselling sessions paid for by the security company.
Provincial Security Services Ltd rolled out further bullying and harassment training across the organisation throughout September and October.
Provincial Security Services Ltd told the WRC that it is a defence against discrimination claims under the Employment Equality Act “to prove that the employer took such steps as are reasonably practicable”.
The security company stated that it conducted a fair investigation and immediately provided Mr Haider with an opportunity to work in a different site or alter his work pattern to avoid contact with the alleged perpetrator at the time.
The company said all efforts were made to reverse the effects of the harassment and to prevent future occurrences taking place.
They stated that Mr Haider continues to work for the company and no further instances of harassment have occurred.
The company stated that they conducted a review of the sick pay and have now ensured that Mr Haider received full pay for the period of his absence.
The firm stated that the under-payment was caused by the absence of a medical certificate.
