A Traveller woman has failed in her race, Traveller and gender discrimination claims against the Co Kerry retail business owned by outspoken Independent Kerry TD, Michael Healy Rae.
This follows Workplace Relations Commission (WRC) adjudication officer, Úna Glazier-Farmer, finding that Veronica Battles had failed to establish a prima facie case of discrimination on all grounds claimed against the Healy Rae owned business – gender, disability, race and Traveller community.
Ms Battles had taken the case against Mr Healy Rae's Black Cap & Company Ltd, trading as Healy Rae Mace Shop, in Kilgarvan, Co Kerry.
In her findings, Ms Glazier-Farmer stated she was satisfied “that I have not been presented with any evidence from which I could reasonably conclude that the complainant was treated less favourably on the grounds that she is a member of the Traveller Community and/or Race on May 20th, 2019” at the Healy Rae store.
Ms Glazier-Farmer also stated that no prima facie evidence has been made concerning the gender and disability claims. She stated: “Accordingly, the complainant’s claims must fail.”
Asked to comment on the outcome today, Mr Healy Rae said: "I warmly welcome the ruling of the Workplace Relations Commission", and declined to comment any further on the case.
Mr Healy Rae gave evidence during the one-day WRC hearing into the case.
The Kerry TD told the hearing that in or around last August he attended the home of Ms Battles to seek to resolve matters following receipt of notification of the claim.
Matter unresolved
He stated that he spoke with Ms Battles, but the matter remained unresolved.
He confirmed that a follow-up letter was sent to Ms Battles, dated August 13th.
Mr Healy Rae’s attempt to resolve Ms Battles’s complaints was rejected by her and she submitted an official complaint form to the WRC on August 27th last.
Mr Healy Rae told the hearing that he was in business since 1990 and that the shop and tyre shop before it had many dealings with members of the Traveller Community, and never had an issue.
During the interaction with Ms Battles in the store on May 20th, a shop assistant, referred to in the ruling as JS, had heated words with a colleague.
At the hearing, Mr Healy Rae told Ms Battles that he “cannot apologise to you for JS’s bad language against a co-worker. I can sincerely apologise to you for witnessing the interaction between two members of staff.”
At the hearing, JS apologised to Ms Battles that she had to witness his use of bad language directed to a co-worker, but gave evidence that he did not use bad or discriminatory language towards her.
Three witnesses appeared on behalf of the Healy Rae company – Mr Healy Rae, the store manager, and JS, who served Ms Battles.
JS and Ms Battles had a dispute over what change was owed to her, as she stated that she handed in €50, and JS stated that she had handed in €20.
JS told the hearing that a co-worker sought to intervene, and he told her to “f**k off” when she asked him to go into the office, and to “stop treating him like a child”.
Ms Battles accepted when questioned by Mr Healy Rae’s solicitor, Maeve O’Sullivan, that JS’s co-worker returned the full amount of money on the date.
As part of her Traveller discrimination claim, Ms Battles claimed that JS told her “I’m sick of ye” during the transaction, and she understood the use of the word “ye” was directed to her as a member of the Traveller community.
JS stated that he did not use discriminatory or bad language towards Ms Battles, but did accept he used bad language towards his co-worker.
JS denied Ms Battles's allegation that he said "I'm sick of ye". Not only did he not say it, but "ye" is not a phrase in his day-to-day vocabulary, he said, adding he is from a city in Northern Ireland where "ye" is not used.
Mr Healy Rae told the hearing that JS was known for being helpful and friendly with customers and Ms Battle’s description of his behaviour on May 20th was not reflective of his character.
Sworn statement
In her findings, Ms Glazier-Farmer stated that Ms Battles included a sworn statement to An Garda Síochána dated May 26th in her submission.
Ms Glazier-Farmer stated: “It was noted from that statement there are no such words in relation to her membership of the Traveller community and/or her race recorded, nor was any reference to the allegation that JS said ‘I’m sick of ye’ or words to that effect. It only referred to the use of non-discriminatory bad language.”
On dismissing the gender component of the claim, Ms Glazier-Farmer stated that Ms Battles confirmed at the hearing that the respondent did not make any comment or any action, discriminatory or otherwise, regarding her gender on the date of the incident.
On throwing out the disability aspect, Ms Glazier-Farmer stated that Ms Battles confirmed in her evidence that the respondent could not be aware she had a disability on May 20th, 2019.
On the impact of the incident, Ms Battles – who attended the shop once a week – stated that as a result of what occurred at the Healy Rae store on May 20th last, she had taken up smoking again and was forced to seek help from the HSE.
