Posted: June 12th, 2019
A restaurant has been directed to pay €20,000 in workplace discrimination compensation to a gay bar manager his boss referred to him as ‘queer’ almost every day at work.
The Workplace Relations Commission (WRC) was given a number of examples by the bar manager of time when he was subject to offensive comments from his two bosses.
‘Director A’ spoke most of the comments to the bar manager and WRC Adjudication Officer, Marian Duffy commented: “I cannot comprehend how senior managers in a workplace would consider it acceptable to call such offensive names or make such offensive comments to a gay man.”
She went on to say: “I am satisfied that it is a breach of their trust and duty of care towards their employee to create and tolerate such a degrading and offensive work environment.”
Ms Duffy dismissed the restaurant’s argument that the terms used to describe the bar manager as “banter”.
Ms Duffy has directed the restaurant to pay the bar manager €20,000 after ruling that he was harassed on the basis of his sexual orientation in the workplace. She also said that staff training should conducted to prevent harassment on the nine grounds of discrimination under the Employment Equality Acts.
There were three witnesses to present evidence on behalf of the restaurant and they all claimed that they did not witness any derogatory comments directed towards the bar manager.
In January 2018, the bar manager was given a letter advising him that he was being made redundant. He told the WRC that he was of the opinion that he was being let go due to his sexual orientation. However, Ms Duffy dismissed this argument as his position was made redundant. The restaurant advised the WRC that the bar manager was made redundant because the business was not profitable.
Categories: Work Injuries Compensation
