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WRC rejects factory operative’s race harassment complaint against food manufacturer

By Gráinne Nolan

Workplace Relations Commission ·

The Workplace Relations Commission rejected a factory operative’s race harassment complaint against a food manufacturer, finding he had not established a harassment case and that the employer had taken reasonably practicable steps to address his complaints. The decision was dated 24 May 2018.

The Romanian worker alleged that colleagues made nationality-related remarks and later intimidated him at work. The manufacturer said it investigated the allegations, held workplace awareness sessions and later arranged mediation. It said its investigation and review of CCTV found insufficient evidence to substantiate the allegations.

The adjudicator found that the employer had a communicated Dignity at Work Policy, investigated the initial allegations, and took steps including awareness training and offering mediation. She found the worker had not established a prima facie harassment case and that the employer could rely on the statutory defence. Further allegations raised shortly before the hearing were not properly before the adjudicator and were not investigated in this decision.

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