{"id":528802,"date":"2026-07-02T05:21:17","date_gmt":"2026-07-02T05:21:17","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/528802\/"},"modified":"2026-07-02T05:21:17","modified_gmt":"2026-07-02T05:21:17","slug":"wrc-finds-businesses-entitled-to-refuse-service","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/528802\/","title":{"rendered":"WRC finds businesses \u2018entitled to refuse service\u2019"},"content":{"rendered":"

\"WRC<\/p>\n

WRC<\/p>\n

Workplace Relations Commission adjudication officer Lefre de Burgh has found that a complaint of discrimination by a charity shop was not well founded.<\/p>\n

The complainant was Ciprian Constantin, who was represented by Lorna Madden BL, instructed by the Irish Human Rights and Equality Commission.<\/p>\n

The respondent was Cobh Youth Services CLG\/Re-store, a charity shop in Co Cork, represented by Ali Bracken Ziad BL and instructed by Charles C Daly & Co.<\/p>\n

Adjudication by the Workplace Relations Commission was sought for the complaint under Section 21\u00a0Equal Status Act, 2000. <\/p>\n

A Romanian language interpreter was provided by the WRC for the case, which was heard on 13 November 2025.<\/p>\n

Protected ground of race<\/p>\n

Having heard preliminary argument by counsel for both sides, the adjudication officer said that she would hear evidence in relation to events on 8 and 20 August, on the protected ground of race, only.<\/p>\n

The complainant alleged that he was the victim of discrimination and harassment on the basis of his race, contrary to the act, at the hands of the respondent.<\/p>\n

He alleged that he was unlawfully refused service and unlawfully barred from the respondent\u2019s shop on the basis of stereotyping.<\/p>\n

Aggressive and intimidating behaviour<\/p>\n

The respondent submitted that the complainant was lawfully refused service and lawfully barred from the\u00a0 shop on the basis of aggressive and intimidating behaviour towards staff, in the context of a consumer dispute about the return of an item he purchased.<\/p>\n

The complainant asked for, and received, a discount for the item purchased.<\/p>\n

In her decision<\/a> for the WRC (11 June), the adjudicator said that she had formed the view that the complainant\u2019s interactions with the respondent were in bad faith.<\/p>\n

She added that two videos, admitted to evidence and proffered by the complainant in support of his case, undercut and contradicted his case.<\/p>\n

\u201cThere is aggression, but it is from the complainant,\u201d the officer decided.<\/p>\n

Not persuaded\u00a0<\/p>\n

\u201cI did not find the evidence put forth by or on behalf of the complainant to be credible, and I am not persuaded by it,\u201d the decision continues.<\/p>\n

The officer did not accept that staff members were shouting at him or at his wife.<\/p>\n

\u201cBy contrast, I found the evidence given on behalf of the respondent to be highly persuasive,\u201d the officer continues.<\/p>\n

She also accepted respondent evidence on the complainant\u2019s behaviour, tone, and attitude.<\/p>\n

\u201cI found her to be an honest, cogent and credible witness and I am persuaded by her evidence,\u201d the adjudication officer said.<\/p>\n

She also noted that all the staff in the shop were women and were subject to aggression and intimidation by the complainant as they did their public-facing job.<\/p>\n

\u201cOn its face, this is a consumer dispute. It should be capable of being resolved amicably and in line with consumer-protection law,\u201d she said.<\/p>\n

\u201cSimply because someone does not get the outcome they want does not, in and of itself, indicate discrimination,\u201d the officer continues.<\/p>\n

Businesses are entitled to refuse service, the decision continues.<\/p>\n

Attitude and conduct<\/p>\n

\u201cIn this case, service was not refused on the basis of a protected ground. It was refused on the basis of the attitude and conduct of the complainant,\u201d the decision adds.<\/p>\n

The complainant was not stereotyped, she said, and was not excluded on the basis of his race or ethnicity, but rather on the basis of his conduct.<\/p>\n

The complainant insisted that a shop assistant refund him and was aggressive in his interactions with her, the decision finds.<\/p>\n

\u201cNot getting your own way having forcefully demanded it does not indicate discrimination,\u201d the decision adds.<\/p>\n

Neither did the officer accept the interpretation of the legislation put forward by counsel for the complainant suggesting he can advance a case for discrimination by association in circumstances where a family member of his was refused service.<\/p>\n


\n Gazette Desk
\n <\/a><\/p>\n

Gazette.ie is the daily legal news site of the Law Society of Ireland<\/p>\n","protected":false},"excerpt":{"rendered":"WRC Workplace Relations Commission adjudication officer Lefre de Burgh has found that a complaint of discrimination by a…\n","protected":false},"author":2,"featured_media":528803,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[72,61,60],"class_list":["post-528802","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-business","tag-ie","tag-ireland"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/528802","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=528802"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/528802\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/528803"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=528802"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=528802"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=528802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}