A MAN who has asthma was awarded €27,000 by the Equality Tribunal for dismissal because of his disability.
Mark Woods started work as a forklift driver for Euroroute Logistics Ltd in Blanchardstown, Dublin in February 2005. In September the following year he was asked to dust shelves in the warehouse. He was given a mask, but it was not adequate and he said he could not continue dusting.
He was called to a meeting with the managing director, Gerry Kierce, where he explained his condition. He claimed Mr Kierce said he was required to do all the work in his contract or he could no longer work in the warehouse. He formed the impression his job was at risk. He got a report from his doctor which said he could not work in a dusty environment. He said Mr Kierce told him there was no other work for him and he did not seem happy with the medical certificate. He was told he could work out a week’s notice.
The company denied discrimination. Mr Kierce said Mr Woods made no reference to his asthma when interviewed for the job. He considered the doctor’s letter was of no assistance and did not send him to the company doctor. He said Mr Woods left the job for his own reasons. The equality officer found on the balance of probabilities that the complainant’s account was more credible, and awarded him €27,000, just under a year’s salary.
Roly’s Bistro, of Ballsbridge, Dublin was ordered to pay a Chinese man €500 for discrimination on race grounds. Jey Lo had complained that in October 2006 he rang up to inquire about an interview for a waiting job when he saw an advertisement. The person he spoke to asked about his experience and where he was from, and he replied Hong Kong. The conversation then ended. His Irish wife rang up shortly afterwards and was offered an interview.
He wrote to the restaurant claiming he was discriminated against because of his nationality, and he was offered an interview. He did not take this offer up.
The restaurant denied the complainant had suffered discrimination, and pointed out it had a multicultural staff, and that non-Irish staff members were treated the same as Irish staff. It also denied that the person Mr Lo spoke to had asked him where he was from.
The equality officer accepted that the restaurant did not have a practice of excluding non-native English speakers or non-Irish people from employment. However, she said she received no satisfactory explanation as to why the complainant was not offered an interview when he rang up.
“It is important that employers take care to ensure a transparent and consistent practice at all stages of the application process,” she said. Awarding the complainant €500, she added that it would have been prudent of him to avail of the offer of an interview.
A blind man was awarded €1,000 for discrimination on the grounds of lack of allowance for his disability when a taxi driver refused to take him, his blind girlfriend and guide dog in his taxi.
He told the tribunal that the driver locked his doors when they approached at about midnight on February 8th, 2008. They had a white stick, the dog was wearing full reflective harness and the complainant explained to the driver that he was obliged to take him, but he still refused. Gardaí were called, and a garda took a statement which was sent to the Taxi Regulator, who fined the driver €250.
He told the tribunal he had a phobia about dogs and this was why he refused. He accepted he had not told the Taxi Regulator about this when he received his licence, but he had obtained a medical certificate to this effect later.
The equality officer found that he had not made “reasonable accommodation” for the man, and awarded him €1,000.