Indian restaurant ordered to pay €3,000 for refusing to serve customer - because he was Indian

Indian restaurant ordered to pay €3,000 for refusing to serve customer - because he was Indian

An Indian restaurant in Dublin 4 has been ordered to pay a customer €3,000 over the owner’s refusal to serve the man food.

In the discrimination case before the Workplace Relations Commission (WRC), Marie Flynn has ordered Ravi's Kitchen at Pembroke Rd in Dublin 4 pay Mayank Bhatnagar €3,000 to compensate him for the distress caused to him over the refusal of service.

Ms Flynn stated that in making the award under the Equal Status Act she was taking account of the embarrassment that was caused to Mr Bhatnagar when he was refused service in front of two subordinate colleagues.

In his evidence, Mr Bhatnagar told the WRC that he is Indian and alleged that he was refused service on the grounds of race.

Mr Bhatnagar stated that that he attended Ravi’s Kitchen on July 10th 2018 with two colleagues for lunch at approximately 12:30 and that they were shown to a table by a female waiter.

Mr Bhatnagar stated that when the proprietor was handing out the menus, he asked him if it would take long as they had limited time for lunch.

Mr Bhatnagar alleged that without answering his question, the owner asked him if he was Indian.

Mr Bhatnagar stated that when he said that he was, the restaurant owner said that he doesn't serve Indians and Mr Bhatnagar had to leave.

He stated that when he asked the restaurant owner why he had to leave, the owner began to shout out loud about how his family had suffered.

Mr Bhatnagar stated that himself and his colleagues got up to leave and the restaurant owner continued to shout and the female waiter also started shouting in their direction.

The restaurant owner or any representative from Ravi’s Kitchen did not attend the WRC hearing and Ms Flynn stated that she was satisfied “that the Respondent was properly on notice of the time, date and location of the adjudication hearing”.

However, in an interview, owner of the restaurant, Ravi Shukla said on Tuesday that he didn’t attend the WRC hearing because he never received notification to appear.

Mr Shukla said that it is his intention to appeal the ruling “and fight against this each and every step”.

Mr Shukla said that he is from India himself and has never refused a customer service on the basis on their nationality.

Giving a different version of the exchange with Mr Bhatnagar, Mr Shukla denied that he didn’t serve Mr Bhatnagar because he was Indian.

A native of northern India, Mr Shukla claimed:

“I refused to serve him because he was unhappy with how long the lunch would take and he wanted a buffet and we didn’t have a buffet.”

Mr Shukla said: “It is a very one sided ruling. I have lots of Indian customers and I have never refused them service because they are from India.”

Mr Shukla said that he was disappointed with the ruling “because I didn’t get a chance to speak”.

He said: “I have worked across the world for 35 years and I have an impeccable record as always living on the right side of the law. I am a hardworking businessman.”

In her findings, Ms Flynn stated that Mr Bhatnagar was accompanied by two subordinate colleagues who are not of Indian origin and they were not refused service by the restaurant owne

Ms Flynn stated that based on the uncontested evidence of Mr Bhatnagar, “I am satisfied that he has established that he was treated less favourably than a person who was not Indian would be treated in a comparable situation”.

She stated: “I find therefore that the Complainant has established a prima facie case of discriminatory treatment on the race ground.

Ms Flynn added: “Once the Complainant has established a prima facie case, the burden of proof then shifts to the Respondent.

She stated that due to the non-attendance of the restaurant owner at the adjudication hearing, no contrary case was presented.

Ms Flynn concluded that based on the uncontested evidence of Mr Bhatnagar, she found that he was discriminated against on the race ground contrary to the Equal Status Acts.

More on this topic

Suspect held after major manhunt faces 10 chargesSuspect held after major manhunt faces 10 charges

Soccer club’s petition grantedSoccer club’s petition granted

Accused ‘turned up’ in garden of ex in early hoursAccused ‘turned up’ in garden of ex in early hours

Desperate Housewives star Felicity Huffman jailed in college admissions scandalDesperate Housewives star Felicity Huffman jailed in college admissions scandal


More in this Section

Suspect held after major manhunt faces 10 chargesSuspect held after major manhunt faces 10 charges

Family of 67-year-old missing from Dublin very concerned for her wellbeing Family of 67-year-old missing from Dublin very concerned for her wellbeing

Homecoming date for victorious Dublin footballers announced Homecoming date for victorious Dublin footballers announced

Gardaí in Cork renew appeal for witnesses to serious assault on Patrick StGardaí in Cork renew appeal for witnesses to serious assault on Patrick St


Lifestyle

I’m giggling but also it is tinged with tension. I peep out from behind the large sycamore. They are three trees away.Opening Lines: I’m just a bearded wheezing giggly man on the ground

I did my Leaving Cert in June and have just started college this week, so my school experience is extremely fresh in my memory. I went to Davis College in Mallow and it was a fantastic experience. I was the loud obnoxious child at the back of the classroom from day one. I had to (and still do, by the way) have an opinion on everything.Stand up and be counted : The Young Offender's Demi Isaac Oviawe on college and school life

When I was in secondary school I started working part-time as a waitress and I suppose I caught the hospitality bug back then.You've been served: General manager at Inchydoney Island Lodge & Spa Caitriona O’Keeffe

That an American study has found straight women prefer dad bods (“an untoned and slightly plump male physique, especially one that is considered attractive”) to six packs and hard shiny abs comes as no great surprise.Outside the Box: Tone down guys, us girls don’t mind moobs

More From The Irish Examiner