This complaint relates to a Polish national claiming that he was less favourably treated in relation to his terms and conditions of employment because he had difficulty in getting his wages and sometimes had to demand what he was owed.  It is a relatively standard claim in that regard with an added aspect of harassment on the race ground which is the only aspect of the claim upheld.  The complainant asserted that when he demanded his wages he was told to “f*** off back to Poland”.

The complainant’s representative argued that a foreign national is in particularly vulnerable position in this respect although no evidence was presented that would indicate that the Irish employees were not likewise treated.  The Equality Officer found that the complainant was not discriminated against in respect of his working hours or contract of employment, that he did not make an equal pay claim and that he did not name comparators.  As the employer did not attend the hearing the Equality Officer found that the uncontested direct evidence of the complainant supported the allegations of harassment on the race ground and that “the specific language used in this context, created an intimidating and hostile atmosphere for the complainant, which was specifically connected with his race.”

The allegations relating to inappropriate language in this case differ from the previous case for two reasons.  One is that in this case it was asserted the language was directed specifically at the complainant and the second is that the link could be made to the complainant’s nationality based on the content of the comments.

The complainant was awarded €5000 for this aspect of his claim.