Woman awarded €15k over racial slurs at work

A MALAYSIAN woman who alleged that her supervisor in a Limerick cafe called her “blackie” and compared her to a black handbag has been awarded €15,000 compensation by the Equality Tribunal.

Eswary Valaithan, who worked at two outlets in Limerick city owned by Quigley’s Cafe and Bakery, also claimed that on a number of occasions, the supervisor made derogatory racial remarks about her appearance and her partner.

In her submission to the tribunal Ms Valaithan, who split her time between cafes in Cruises St and the Crescent Shopping Centre, said she did not confront the supervisor because she was afraid it would make matters worse and her hours might be cut. However, in May 2007, she sought help from the Citizen’s Advice Bureau who helped her write a letter of complaint to her manager. When Ms Valaithan met the manager she would not listen to her complaints but instead mentioned customer complaints against Ms Valaithan.

Ms Valaithan contended after this, the situation at work deteriorated, that her working hours were cut and that she was hit in the leg by a trolley pushed by her supervisor which caused an injury that resulted in her taking eight days off work.

A MANDATE representative wrote to Quigley’s in June 2007 regarding Ms Valaithan’s treatment by her supervisor. Subsequently, Ms Valaithan was issued with a first written warning for disciplinary matters.

The union representative then met the manager who agreed to carry out an investigation. However, Ms Valaithan quit her job in September 2006 to study.

Quigley’s denied any discrimination took place. The supervisor denied ever calling Ms Valaithan “blackie”.

She said there was “an on-going joke” between herself and Ms Valaithan about the age of the complainant’s partner but denied making any derogatory comments.

Quigley’s said Ms Valaithan’s hours were reduced because when her visa was renewed, it clearly stated that she was a student and could work a maximum of 20 hours per week.

The supervisor agreed at the hearing that she had used the term “blackie” in referring to Ms Valaithan but that Ms Valaithan would have referred to her as “whitie”.

The equality officer said if Quigley’s had taken “such steps as were reasonably practicable” to address Ms Valaithan’s grievance, the matter might have had a different outcome.

The officer ordered the firm to pay Ms Valaithan €15,000, to implement a grievance procedure and anti-bullying and harassment policies and to undertake diversity training for staff.