An Indian security manager who was demoted after hitting a shoplifter who called him a “P**i b*****d” has lost his discrimination claim against his previous employer, reports Breaking News.
Syed Baqur Hussein alleged he faced racial discrimination and harassment after receiving a final written warning and being demoted following an incident at the Jervis Street Tesco store in August 2022.
He had worked as a contract manager for One Complete Solution Limited (OCS) and claimed in his complaint to the Workplace Relations Commission (WRC) that the company fostered a “culture of racism”, reports Breaking News.
His claim of discrimination was based on the fact that three security workers were involved in the incident. Two of them, both Asian, were disciplined; the third, a white European, was not penalised.
Mr Hussein told the WRC he was asked to assist a colleague who had stopped a shopper carrying €400 worth of unpaid meat. The customer returned the goods with his wife.
After being told to leave the premises, the shoplifter began verbally abusing Mr Hussein, calling him a “P**i paedo b*****d”. He slapped another guard and pushed him into Mr Hussein, reports Breaking News.
Mr Hussein said the customer then lunged at him and struck him in the face multiple times. The man’s wife also kicked Mr Hussein in the face. He suffered severe facial injuries and needed X-rays.
When Mr Hussein came back to work after scheduled leave, he was suspended. An investigative meeting was held on January 6th, 2023.
A disciplinary process followed, resulting in a final written warning and his demotion, reports Breaking News.
OCS told the WRC that Mr Hussein was disciplined because he failed to acknowledge that punching a customer was unacceptable and did not follow proper procedures when dealing with a hostile individual.
In her decision, WRC adjudication officer Máire Mulcahy said that Mr Hussein had established a presumption of discrimination, placing the burden on his employer to refute it, reports Breaking News.
She said the company justified the different disciplinary action by explaining that Mr Hussein punched the customer before being physically attacked, so it did not qualify as self-defence.
The company stated Mr Hussein’s actions breached protocol and constituted gross misconduct. He was accused of behaving dangerously and not adhering to company rules.
Ms Mulcahy pointed out that another guard attempted to restrain the shoplifter with “open hands”, while Mr Hussein had clenched fists during the confrontation, reports Breaking News.
As such, his actions differed from those of his comparator — the white European staff member — who followed procedures and attempted to calm the situation.
OCS also presented records showing that both Irish and non-Irish staff had previously been demoted or issued written warnings.
Ms Mulcahy acknowledged flaws in the disciplinary process, including the lack of meeting notes for Mr Hussein and the failure to consider provocation as a mitigating factor, reports Breaking News.
However, she stated that the severity of the punishment or the injuries Mr Hussein endured did not, in themselves, prove discrimination. Evidence was needed that non-Asians had received lighter sanctions.
Ms Mulcahy noted that while employers may act unjustly, this does not automatically constitute discrimination. Overall, she found the company had successfully rebutted the claim, reports Breaking News.
Therefore, she ruled that Mr Hussein had not been discriminated against regarding the disciplinary outcome following the Tesco Jervis Street incident.
A separate claim of racial harassment related to an incident that occurred outside the statutory time limit and could not be considered by the WRC.
Ms Mulcahy recommended that the company update its Bullying and Harassment at Work Policy and place posters in the workplace reminding staff of their right to a work environment free from racial harassment, reports Breaking News.
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