Nigerian told by co-worker he 'looks like a chimpanzee' loses race discrimination case

The case failed as the company showed that it took steps to reverse the effects of the harassment and to prevent a recurrence.

Mr Oluebube told the WRC that he found the remarks "to be highly degrading and humiliating".

A Nigerian national who was allegedly racially abused at work when a colleague imitated the sounds of a monkey and told him he "looks like a chimpanzee” has lost his race discrimination case against his employer.

At the Workplace Relations Commission (WRC), Adjudication Officer Maire Mulcahy found that the statements allegedly made by the work colleague against Victor Kings Oluebube “are indicative of a reprehensible mindset and undoubtedly constitute harassment on the grounds of race” and that the comment "could not be other than degrading, hostile and humiliating"

However, she found that Mr Oluebube’s claim for discrimination against his employer, CPL Solutions Ltd, on the grounds of race failed as the company was able to avail of a defence under the Employment Equality Acts by showing that it took steps to reverse the effects of the harassment and to prevent a recurrence.

Ms Mulcahy said it did not harass Mr Oluebube on the race grounds.

The complainant worked as a warehouse operative and alleged that in February 2019, the warehouse team leader imitated the sounds of a monkey in front of him and his colleagues and told Mr Oluebube that he ”looked like a chimpanzee”.

Mr Oluebube told the WRC that he found the remarks “to be highly degrading and humiliating but hoped it would be a one-off remark”. He did not make a complaint about this incident. He stated that he felt intimidated.

However, three months later on May 21, 2019, when Mr Oluebube was two minutes late returning from his break, the warehouse team leader is alleged to have said to him “you look like a chimpanzee”.

Thirty minutes later, the team leader apologised to him and said he did not mean to be racist. He asked the complainant to “let it rest here” and that “he had black friends”.

Mr Oluebube’s colleagues encouraged him to report the incident and he did so to the warehouse manager.

The recruitment agency, CPL Solutions trading as Flexsource Recruitment, denied the charge of discrimination. It said it deplores any affront meted out to Mr Oluebube.

CPL Solutions stated that the only incident brought to its attention was the May 21 incident and that it encouraged Mr Oluebube to make a formal complaint.

A manager met with the perpetrator and he said that the person had apologised to Mr Oluebube and did so again, profusely. 

It said the perpetrator admitted to making the statements. CPL also said the perpetrator was given a final written warning which is one step short of dismissal.

The recruitment agency said it took measures to prevent a recurrence of such harassment and that training was provided to the perpetrator.