Complainant

Respondent

Parties

Mark J.  Savage

Pavilions Administration 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-00045348-001

25/07/2021

The Complainant alleges that he was discriminated by the Respondent on grounds of Religion. The Respondent argues that it is a stranger to the within claim.

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 “be a 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 Specsavers to make an appointment. The store is located at Swords Central.  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 incident the Complainant complains of on the 26th January 2021 occurred at Swords Central. Swords Central is owned and managed by a different property management company. The Respondent herein has no involvement with Swords Central. Their responsibilities are in relation to Swords Pavilions. The Respondent is a stranger to the within claim.

I am satisfied based on the Respondent’s evidence that the within Respondent is a stranger to the events that took place on 26th January 2021 when the Complainant attended at the premises of Specsavers to make an appointment.  Specsavers’s premises are located in Swords Central. The Respondent manages Swords Pavilions. There is no connection between the two. Therefore, I find that the named Respondent is a stranger to the within complaint. The Complainant has failed to establish a prima facia case of discrimination against the Respondent. The complaint fails.

The complaint fails.