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Ireland
Mihalas v Noxtad Limited, T/A Carlton Abbey Hotel [2013]
Decision Number:
Published on: 29/10/2013
Issues Covered:
Dismissal Discrimination
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

The complainant, a Moldovian national, complained of harassment and alleged constructive dismissal on the race ground. The respondent was in liquidation and the liquidator indicated in advance to the Tribunal that they would not attend the hearing.

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.
Why is this case of interest?
The Equality Officer found the complainant’s assertions to be entirely credible and capable of establishing a prima facie case of discrimination on the race ground. As the respondent was in liquidation no rebuttal was presented.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 29/10/2013
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