A Cork charity shop did not discriminate against a Romanian man after refusing to serve him during a dispute over a faulty printer, the Workplace Relations Commission (WRC) has ruled.
Ciprian Constantin, who has lived in Cobh for 12 years and is a member of the Roma community, claimed he was discriminated against on the grounds of race after staff at Re-Store, operated by Cobh Youth Services CLG, refused to serve him and barred him from the shop.
Mr Constantin, represented by Lorna Madden BL, instructed by the Irish Human Rights and Equality Commission, told the WRC he had been “treated like a criminal who committed a theft”.
The respondent was represented by Ali Bracken Ziad BL, instructed by Charles C Daly & Co Solicitors. The dispute began after Mr Constantin bought a secondhand printer for €80.
He later discovered it was password protected and returned to the shop seeking a refund or credit. The charity said he became aggressive towards staff and was refused service because of his behaviour, not his race.
Shop assistant Saoirse McCarthy told the hearing Constantin warned: “Well if you don’t sort it now, I’m going to phone my solicitor.”
Ms McCarthy asked him “Are you threatening me?”, to which he responded: “Am I intimidating you?”
Manager Sheila Forde said she instructed staff not to serve Constantin until the dispute had been resolved. She said: “It was just to keep the peace while it was getting sorted.”
After viewing videos recorded by Mr Constantin, the adjudication officer found: “The complainant is very aggressive in the video.”
The officer accepted the charity’s evidence that the refusal of service was prompted by concerns for staff welfare rather than Mr Constantin’s race.
The WRC found Mr Constantin had failed to establish a prima facie case of race discrimination and dismissed the complaint. No compensation was awarded.