The complainant alleged that he was the subject of harassment from a Mr. B and that management were aware of this both from their own observations and from his complaints.

The Equality Officer accepted that the comments the complainant asserted were made to him had in fact been made and that they could constitute harassment of him on the race ground based on his nationality. The comment described that might be connected to his nationality related to his being a foreigner.

The complainant asserted that he was the subject of what might be described as an assault with the same or similar comments being made. The Equality Officer found the complainant to be a credible witness and his allegations were accepted as fact without any supporting evidence.

The Equality Officer found that the complainant was harassed on the race ground and constructively dismissed on the race ground as the reference to him being a foreigner was accepted as a reference to the fact that the complainant was of a different nationality. She was satisfied that given the actions of the manager it was reasonable for him to resign and claim constructive dismissal.

The complainant was awarded €20,000 as compensation not being remuneration.