The complainant is a black Nigerian national, who was a duty manager at a shop. It is common case that there was an altercation on the shop floor between the complainant and a more junior employee (Ms. X). She said he struck her, he denied that. He said he sought assistance from his own manager, whereas the employer argued that they would have expected him to have handled the matter in a better fashion and not argue with Ms. X on the shop floor in front of customers. The claimant was dismissed and argued that the actions of Ms. X and the employer constituted unlawful discrimination, harassment and victimisation on the race ground.

The employer used CCTV (without sound) as their main source of evidence. There being no direct comparator, the EO considered how a nominal Irish comparator would have been treated and concluded that the employer "acted with undue haste". 

Although the complainant failed to establish a prima facie case in relation to harassment or victimisation, the EO considered the dismissal was discriminatory and awarded €10k. 

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