A former care attendant has been awarded €5,000 by ODEI, the Equality Tribunal, against the North Eastern Health Board, which failed to investigate his complaint that he had suffered harassment at a Christmas party.
In addition, the NEHB was ordered by an equality officer to implement a harassment policy and introduce a code of practice pertaining to health board staff treatment of members of the Traveller community as well as a "fair and transparent" disciplinary procedure.
Mr Francis Maguire started work with the NEHB on November 20th last as a care attendant for the elderly in Drogheda. He enjoyed his work and was dedicated to it, he told the ODEI. He got on well with staff and patients, and there were no problems at first.
Three weeks into the job he was approached by a fellow worker who indicated she recognised him from somewhere. It emerged they knew each other from primary school. His former school-mate knew he was a Traveller, Mr Maguire said. The atmosphere in the workplace changed from then on. In mid-December, Mr Maguire handed out Christmas cards to his fellow workers. He attempted to give one to the clinical nurse manager, "but she refused it in a rude manner". He was shocked and embarrassed. She eventually took the card and informed him that a complaint had been made about him. When he attempted to find out what the complaint was he was told to "forget about it".
On December 20th he attended the staff Christmas party in the Bridgefort Hotel. Everything was going well until the end of the night when his former school-mate mentioned she was having a party at her house afterwards and all were invited, all except Mr Maguire.
He heard her tell fellow workers: "The knacker is not coming." He informed her he did not want to go and asked her not to call him a "knacker", to which she had replied: "You are a knacker."
Mr Maguire had walked away to go home, he told the tribunal, when her boyfriend called him a knacker, kicked him to the ground "and with the assistance of a friend" proceeded to attack him.
On January 8th the director of nursing told him his personality was not suitable for the job and he was being let go: he could work the following two weeks before his employment was terminated. Mr Maguire chose not to accept the two weeks offer of work and went home.
The equality officer determined Mr Maguire had established a prima facie case of discrimination against the NEHB.