J & M Golfing Cuisine (Represented by ASK HR solutions) v Glenn Curtis (Represented by Suzanne Walsh B.L., Instructed by Osbourne Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 20 March 2018
• Judgment citation (vLex): [2018] 3 JIEC 2001
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA1820 DEC-E-2017-075 et-152697-ee-14
• Date: 20 March 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/17/96

DETERMINATION NO.EDA1820

DEC-E-2017-075 et-152697-ee-14

PARTIES:

J & M Golfing Cuisine (Represented by ASK HR solutions)

and

Glenn Curtis (Represented by Suzanne Walsh B.L., Instructed by Osbourne Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Mr Hall

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No: DEC-E-2017-075

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section (83)(1) of the Employment Equality Acts, 1998 to 2011. A Labour Court hearing took place on 13th March 2018. The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

3 This appeal is brought on behalf of J&M Golfing Cuisine Limited (‘the Respondent’) against a decision of an Adjudication Officer ( DEC-2017-075, dated 25 October 2017). The Notice of Appeal was received by the Court on 16 November 2017. The Court heard the appeal in Dublin on 13 March 2018.

4 Mr Curtis's (‘the Complainant’) original complaint – referred to the then Equality Tribunal on 17 December 2014 – consisted of three elements: he alleged that (i) he had been discriminated against by the Respondent in relation to his conditions of employment on the grounds of race; (ii) he had been constructively discriminatorily dismissed; and (iii) he had been harassed in the course of his employment. The Adjudication Officer decided that claims (i) and (ii) were not well-founded but upheld claim (iii) and awarded the Complainant compensation of €8,500.00. The Respondent's appeal herein is confined to claim (iii) only. The Complainant did not appeal or cross-appeal. Mr Curtis gave evidence on his own behalf to the Court. A former colleague of his, Mr Mark Heeney, also gave evidence in support of the Complainant. Mr Mijan Rahman gave evidence on behalf of the Respondent.

5 The Complainant worked for the Respondent between October 2012 and 14 August 2014 as a catering assistant/bar man. The Respondent company provides catering services to a number of golf clubs. The Complainant was employed at all material times at Edmonstown Golf Club. As the Complainant's original complaint form was received by the Equality Tribunal on 17 December 2014 and he resigned his employment with effect from 14 August 2014, the relevant period that falls to be considered by the Court for...