Complainant

Respondent

Parties

Mark J.  Savage

Secure Management Solutions Mobile Limited

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00045347-001

25/07/2021

The Complainant alleges that he was discriminated against by the Respondent on grounds of Religion. The Respondent argues that it is a stranger to the events that took place on the 26th January 2021.

On 26th January 2021 the Complainant states that he was discriminated against on the religious ground. He is an Evangelical Christian. He did not believe in the pandemic therefore he states that to wear a mask to protect him or others from it would be a lie. That lie would cause him extreme distress. The Complainant must at all times “bear witness to the truth”. If he was to wear a mask it would be untruthful. On that basis he argues that he was exempt on the “reasonable grounds”. In that regards he is referring to mental distress. On 26th January 2021 he went into the Respondent store. He was asked to wear a face mask. It was explained to him that it was store policy. He said that he did not want to wear one. He tried to explain that the law provided him with an exemption. He went to take out the statutory exemption to show the lady, but she got very upset. He licked his fingers to turn the page and she got even more upset saying he was spreading a dangerous disease. He wasn’t given the opportunity to show her the law he had taken with him. She then called store security. A young lady security officer came down to the store.  She asked him to come outside with her. He tried to explain to her that he was exempt. The security guard said he would have to leave. It was private property, and he was being asked to leave it. He tried to explain that it was not, it was a public place. When the Complainant refused to leave, someone then called the gardai. It was then that he decided to leave.

The Respondent states that it is a stranger to the within complaint in circumstances where they do not provide any services or security on a daily basis at Swords Central which is where the events of the 26th January took place. They were not present when the Complainant ran into the difficulties he has outlined in is complaint.

In circumstances where the Respondent, its servants or agents were not present on the 26th January 2021 when the Complainant was asked to leave a particular store and ultimately was asked to leave the centre altogether. I am further satisfied that they do not provide a service at the Swords central premises. Therefore, they are a stranger to the within proceedings. In those circumstances I find that the Complainant has failed to establish a prima facia case of discrimination and accordingly the complaint must fail.

The Complaint fails.

Discrimination, Religion.