Bus mechanic fired for calling colleague 'stupid f**king foreigner' awarded €2.6k

Noting that Luke Sutton had found alternative work very quickly, the WRC awarded him compensation of €4,452.80 but reduced it by 40% because of the contribution he made to his own dismissal to €2,671.68.

A mechanic who was fired after calling a Polish work colleague “a stupid f**king foreigner” has been awarded almost €2,700 after the Workplace Relations Commission ruled he had been unfairly dismissed from his job.

Dualway, a bus group based in Rathcoole, Co. Dublin, was ordered to pay the compensation to former mechanic, Luke Sutton, as a result of the finding.

Mr Sutton, who had his employment terminated on April 24, 2019, by Dualway, where he had worked for two-and-a-half years, on grounds of gross misconduct successfully claimed he was the subject of an unfair dismissal.

Mr Sutton’s lawyers claimed the company’s decision to sack him was disproportionate and that Dualway had failed to consider the totality of the case including the fact that the Polish work colleague had spilled hot liquid on their client’s hand.

They pointed out that the Polish worker had also referred to himself as “the foreigner” in a WhatsApp group of which both men were members.

Dualway's evidence

A representative of Dualway told the WRC that the Polish staff member had made a verbal and written complaint about the incident which occurred on the company’s premises on March 14, 2019.

The WRC heard that Mr Sutton was suspended on foot of the complaint while an investigation into claims that he had engaged in racially abusive behaviour and ongoing issues about his attitude in the workplace was undertaken.

Dualway said Mr Sutton had admitted calling his colleague “a stupid f**king foreigner” which he told the company’s HR official was said “out of shock and pain". However, he denied telling his colleague to “f**k off back to Poland” and also to saying to a female worker: “You f**king foreign c**t, f**k off back to Poland”.

The WRC heard that Mr Sutton was dismissed on April 25, 2019, on grounds of gross misconduct following a disciplinary hearing as his explanations about events were “not acceptable” and he had admitted using racially abusive language. The company said he had also failed to show any remorse and had made no apology for his remarks.

WRC rules for Mr Sutton 'with some hesitation'

Notwithstanding Mr Sutton’s inexplicable failure to apologise for his actions, the WRC said it found “with some hesitation” that the decision taken by Dualway was “unreasonable” in circumstances which warranted a sanction short of dismissal.

WRC adjudicator, Breiffni O’Neill, said it could not be ignored that Mr Sutton only harassed his colleague on one occasion “in the heat of the moment” when he was understandably annoyed when coffee was inadvertently spilled on him.

The WRC noted that no alternative to dismissal appeared to have been considered by Dualway such as suspension without pay or a final written warning.

The WRC said Mr Sutton’s disciplinary record at the time of his dismissal was clean, despite the company claiming he had shown poor behaviour in his relations with other employees.

It said the decision to dismiss the mechanic was also at odds with Dualway’s own bullying and harassment policy which said sanctions would be based on the “seriousness” of an incident.

The WRC said it could not accept that the incident of harassment was “at the most serious end of the scale.” Noting that Mr Sutton had found alternative work very quickly, the WRC awarded him compensation of €4,452.80 but reduced it by 40% because of the contribution he made to his own dismissal to €2,671.68.