Claim of racist discrimination
Adel Sallam is originally from Egypt and moved to Ireland in 2008. He was shopping in Aldi in Drogheda in February 2021. He approached a checkout and began unloading his shopping. He was told by the shop assistant that he should go to another till as the till was closing. The shop assistant repeated this to him a number of times and signalled with his hands.
When he went to another till, Mr Sallam stated that he saw other customers being served at the till which was allegedly closed. He stated that he felt embarrassed and unhappy with the service he received. He spoke to the shop manager and expressed his dissatisfaction. He brought a claim of discrimination under the Equal Status Acts to the WRC.
The matter was heard by an adjudication officer who delivered its determination last month.
Discrimination claims
The Equal Status Acts prohibit discrimination in the provision of goods and services, on any of the nine grounds, including on the ground of race. Before bringing a claim, the applicant must write to the other side setting out the nature of the complaint against them. This must be done within two months of the occurrence of the event. Thereafter, a complaint of discrimination on a prohibited ground must be brought to the WRC within six months of the occurrence of the event.
Claim dismissed
The adjudication officer noted that there was no reference or suggestion of any racial remark. In cross examination, Mr Sallam stated he did not say racism.
Aldi argued that the case was not one of racist discrimination but rather someone who was dissatisfied with the customer service he received. Further, there was an absence of a comparator, to demonstrate that Mr Sallam was in fact treated less favourably because of his race.
The adjudication officer accepted these submissions and dismissed the case, finding that ‘the equality legislation is not an avenue for addressing poor or perceived poor customer service and must not be abused’. Mr Sallam had failed, according to the determination, to establish a prima facie case.
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