The complainant, a Polish national, worked as a security guard.  He argued that he was required to work longer hours and more weekends than his Irish colleagues.  He also asserted that his manager used inappropriate language but as his manager spoke like that generally the Equality Officer did not find an inference of discrimination in this.

When the complainant’s mother died he was entitled to 5 days’ paid compassionate leave.  When he returned he was initially placed on the roster but two hours later was suspended ostensibly because his PSA licence was out of date and because he should not have taken the time to go to Poland.  He immediately resolved the licence issue and could produce documents indicting that he had complied with the normal requirements relating to compassionate leave prior to his travel. 

The Equality Officer found that there was insufficient evidence to support the assertions that he worked longer hours and more weekend hours than his Irish counterparts and she found that in that regard he had not established a prima facie case of discrimination.

NOTE: See below why the allegations of foul language were not upheld as discriminatory in this case but were in the final case described below.

However, the Equality Officer found that the complainant had presented convincing evidence that he had ensured that the trip to attend his mother’s funeral was fully approved before he left for Poland and that he had submitted the correct documentation on his return.  She also found his evidence in relation to his suspension compelling.  She stated “I note that a non-Irish national is in a particularly difficult situation in the case of a family emergency in their home country.  Notwithstanding the urgency of the situation the complainant still managed to observe all the correct formalities with respect to his employment.”  The equality Officer found it highly unlikely that an Irish employee would have been similarly treated and using that notional comparator she found that the complainant had established a prima facie case which the respondent, who was in liquidation, did not rebut. 

The complainant was awarded €5000 for discrimination on the race ground in respect of his compassionate leave and his suspension.