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Kitchen porter’s disability, accommodation and harassment complaints against restaurant fail

By Cathal Brosnan

Workplace decision ·

The Equality Tribunal found that a kitchen porter’s disability discrimination, reasonable accommodation and harassment complaints against a restaurant were not well founded. His separate victimisation complaint was withdrawn at the hearing.

Equality Officer Orla Jones dated the decision 4 December 2012. The worker said his hours had been reduced and that criticism of his work and a list of duties at his workstation amounted to discrimination and harassment. The restaurant said he worked part-time and received extra hours when business required them.

The officer found that the restaurant knew the worker had a disability, but found no evidence that his hours or pay were linked to it. He had asked for the duties list to be retyped and for its reminders to be included. The officer also found no less favourable treatment in the reprimand over a knife incident. The complaints were not well founded.

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