A Co Antrim company was ordered to pay over £36,000 (€39,995) to a Malaysian former employee after being found guilty of race discrimination, it was announced today.
Market analyst Terence Lesslar (49), took HR solutions company Sycadex Ltd, which is based in Dunmurry, to an industrial tribunal alleging race discrimination, harassment on the grounds of race and unfair dismissal.
The tribunal found in his favour on all grounds and said where there was a conflict of evidence, it “preferred the evidence of the claimant”.
It found the managing director of the company, Allen Erskine, was “responsible for a sustained campaign of discrimination against the claimant”.
Mr Lesslar, who was supported in his action by the Equality Commission, was awarded a total of £36,319 for loss of income and pension entitlement, future loss and damages.
The tribunal heard that following a disciplinary procedure after a dispute over annual leave in August 2007 Mr Erskine wrote to Mr Lesslar advising him he was dismissed for gross misconduct.
An appeal made by Mr Lesslar to the company chairman resulted in his reinstatement.
However further disciplinary action was taken against him and he raised grievances with the chairman alleging race discrimination and victimisation.
Although a written warning which had been issued was struck from his record his complaints of race discrimination were not upheld.
When he was made redundant a few months later in April 2008 he unsuccessfully appealed the decision, again alleging racial discrimination.
In its ruling after a seven day hearing earlier this year the tribunal said Mr Lesslar “gave cogent, credible and consistent evidence to the tribunal throughout the hearing”.
It added: “Where there was a conflict of evidence, the tribunal preferred the evidence of the claimant.”
Highlighting a particular meeting on September 14th, 2007, it found as fact that Mr Erskine “said that Mr Lesslar had played the Malaysian card well and accompanied this comment with a mock clapping gesture”.
The tribunal concluded that “acts of discrimination were carried out in the course of employment” and it found Sycadex Ltd liable for the discrimination.
PA