A Nigerian who was allegedly racially abused at work by a colleague who told him he looks like a chimpanzee has lost his race discrimination case against his employer in Italy
At the Workplace Relations Commission (WRC), Adjudication Officer Maire Mulcahy found that the statements allegedly made by the work colleague against Victor Kings Oluebube are indicative of a reprehensible mindset and undoubtedly constitute harassment on the grounds of race and that the comment could not be other than degrading, hostile and humiliating
However, she found that Mr Oluebube’s claim for discrimination against his employer, CPL Solutions Ltd, on the grounds of race failed as the company was able to avail of a defence under the Employment Equality Acts by showing that it took steps to reverse the effects of the harassment and to prevent a recurrence.
Ms Mulcahy insists that the staff did not harass Mr Oluebube on the race grounds.
Explaining, The complainant Mr. Oluebube who works as a warehouse operative alleged that in February 2019, the warehouse team leader imitated the sounds of a monkey in front of him and his colleagues while telling him that he looked like a chimpanzee
Oluebube told the WRC that he found the remarks to be highly degrading and humiliating but hoped it would be a one-off remark despite feeling intimidated
However, three months later on May 21, 2019, when Mr Oluebube was two minutes late returning from his break, the warehouse team leader again repeated his earlier remarks but apologised thirty minutes saying that he did not mean to be racist as he had black friends. The team leader’s action for the 2nd time then prompted Oluebube’s colleagues who encouraged him to report the incident the warehouse manager.
At court, the recruitment agency, CPL Solutions trading as Flexsource Recruitment denied the charge of discrimination saying it deplores any affront meted out to Mr Oluebube.
CPL Solutions also stated that the only incident brought to its attention was the May 21 incident of which it encouraged Mr Oluebube to make a formal complaint
Also a manager of the company who earlier held a meeting with the perpetrator and Oluebube while testifying in court said that the accused had apologised to Mr Oluebube profusely having admitted to making the statements. The CPL manager also said the perpetrator was rightly cautioned afterwards through a final written warning which is one step short of dismissal. Also
The recruitment agency said it took measures to prevent a recurrence of such harassment as well as retraining the perpetrator on work place ethics.
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