This case arose out of an altercation between a respondent employer and a number of Polish workers, not in the workplace but at accommodation provided for the workers. The respondent determined to evict the workers from the premises in light of the state of the accommodation, excessive utility bills and a substantial build-up of rubbish on the property.

The Tribunal accepted that the respondent had used abusive, racist language, with reference to the complainants’ nationality in response to abusive, racist language used by a ‘ring leader’ on behalf of the workers involved. The altercation had been taped, although not in an accessible format. A transcript of the tape was made but not submitted to the Tribunal.

The Tribunal accepted that a prima facie case of discriminatory behaviour had been made out, even though the respondent had reacted ‘in the heat of the moment’ and may have been subject to a ‘set up’ prior to a complaint under the Acts.

Although a finding was made against the respondent, on the basis that racist language could not be tolerated, the Order made by the Tribunal was “that the respondent introduce procedures to eradicate any use of racist language in his employment within 6 months of the date of this decision and that those procedures include appropriate sanctions for persons who continue to use such language”. No order for compensation was made.

Hence the consequences of racist language by an employer, even under provocation, were acknowledged but the sanction was directed at avoiding a repeat of such behaviour rather than granting any financial award to the complainants.

http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-058-Full-Case-Report.html