A Nigerian woman who was sacked by Campbell Catering after being wrongfully accused of stealing bananas from her workplace has been awarded €15,000 by the Labour Court.
It found that racial discrimination was a factor in the company's decision to dismiss Ms Aderonke Rasaq from her job at a hostel for refugees and asylum-seekers in Parnell Square, Dublin, in May 2002.
The court said she was not afforded fair procedures and had been treated less favourably than other employees had been or would be treated in similar circumstances. It awarded her €4,000 to cover her financial loss and €11,000 in compensation for the racial discrimination she had suffered. The company had denied that race was a factor in the decision to sack her.
Ms Rasaq told the court that staff at the hostel had been informed by the company that they could consume as much food as they wished to on the premises. She understood clearly that removing food from the premises would be regarded as a "serious matter".
On May 8th, 2002, when she was in the early stages of pregnancy, she had been feeling nauseous and had not eaten during the course of the working day.
At 7 p.m., when she had finished her shift, she took three bananas from the kitchen with the intention of eating them in a locker room before leaving.
There were two other women in the locker room when she entered, one of whom she now knew to be Ms Colette Bannon, a senior manager with the catering company.
Ms Bannon left the room and when she returned told her that her manager, Ms Lorraine Kelly, wished to speak to her. Ms Kelly told her to put the bananas back, which she did.
In its decision the court said that even if the company's evidence was to be taken "at its height", it could not support an allegation of stealing.
The company, it said, had stated that its normal practice was to afford fair procedures to employees accused of serious misconduct.
Ms Rasaq had not been afforded fair procedures, so had been treated less favourably than others.
