CPL Solutions Ltd, an Irish firm, has been ordered to pay €30,000 to Kings Oluebube, a Nigerian employee, over racist comments by his team leader.
According to The Irish Times, Oluebube, a warehouse operative, had claimed that in late February 2019, his team leader called him a chimpanzee and made monkey noises while performing monkey dances in front of a number of co-workers.
He, however, did not report the assault at that time. He said the team leader again repeated the same abuse in front of other teammates on May 21, 2019.
Oluebube was said to have then reported the insults to the warehouse manager, who informed CPL Solutions.
The company, which does business as Flexsource Recruitment, reviewed the allegations and the charges of harassment were upheld, with the team leader receiving a final written warning.
Oluebube requested the specifics of the investigation’s result in writing.
In response, the CPL staff member who conducted the investigation said she would like to clarify that Flexsource did not in any way condone what had happened between Oluebube and his work colleague.
She said Flexsource went ahead with the formal investigation meeting and have followed all process.
The labour court chairman, in making his decision, said Oluebube’s compensation should be proportionate to the injury he suffered, given the serious nature of the harassment and its effects.
Haugh said CPL Solutions had not taken steps to reverse the effects of the racial harassment experienced by Oluebube.
He said the CPL Solutions investigator had failed to provide Oluebube with any terms of reference or timeline for her investigation, that she had not given him sight of any witness statements procured by her, nor had she given him the opportunity to respond to anything said by the perpetrator of the alleged harassment.
He, therefore, ordered CPL Solutions to pay €30,000, roughly 63 weeks of gross salary, to Oluebube for racial discrimination under the employment equality act.
The labour court’s judgment overturns an earlier workplace relations commission (WRC) decision that dismissed Oluebube’s racial discrimination claim, which he appealed.
