WRC order Longford-based business to pay €7,500 compensation to former employee

The Workplace Relations Commission (WRC) has ordered a Longford-based business, Cpf (Profiles) Ltd. to pay €7,500 compensation to a former employee, Raymond Nevin (the complainant) on the grounds of “exposure in the workplace to the use of derogatory descriptions for members of the traveller community,” including terms such as 'tinker', 'pikey', and 'itinerant'.

Mr Nevin brought two complaints against the company, which specialises in steel building products. The first matter, which fell under the Employment Equality Act 1998, Mr Nevin alleged that he had been discriminated against during both his interview and in his employment as a result of being a member of the Travelling community. He also alleged his hourly pay fell below the statutory minimum and sought adjudication on this under the National Minimum Wage Act, 2000. CpF disputed these allegations.

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The WRC heard that Mr Nevin attended an interview with the company on May 28, 2024 and commenced employment from May 30th as part of their sales team.

He told the WRC that he did not disclose his home address on his CV and when asked during his initial job interview with the managing director (MD) where he was from, he simply replied, “Longford Town.” When the MD inquired further, Mr Nevin said he was from Park Road to which the MD asked, “What Nevin are you from the town, taxi Nevin?”

Mr Nevin replied to the MD that he was not related to the taxi Nevins, and told the WRC it was his belief that such enquiries were for the purpose of distinguishing whether or not he was a Traveller.

Mr Nevin also recalled how after he began working with the company, he overheard the MD on a phone call on June 4, commenting on the number of Gardai outside Longford Courthouse, and had jokingly remarked, “the pikeys must’ve been acting up”.

The WRC also heard how two days following this incident, Mr Nevin heard the MD saying on the phone, “you will have to go to the tinkers for lead.” 

Mr Nevin recalled how he heard word “itinerant” being used on June 12, 2024.

In addition, he recalled how some employees queried whether he was related “to certain people with the surname Nevin” .
The commission was informed that Mr Nevin resigned from CpF on June 18, 2024.

During cross examination, he clarified he had submitted his resignation by text and that he had not stated he was a member of the Traveller community when resigning.

In responding to the claims, the MD stated that when he interviewed Mr Nevin for the job, he did not know he was a member of the Traveller community and that it “made no difference to him.” He concurred that while he had asked MrNevin who his parents were, he maintained he would have asked the same of any potential employee.

The MD disputed the interpretation of the question regarding the “Taxi Nevins”, and rejected claims that this particular line of questioning was with a view to establishing whether or not Mr Nevin was a member of the Traveller community, pointing out that there were “a lot of Nevins in the area.”

The MD considered Mr Nevin to be “keen to get on and so he offered him the job”.

In addressing the claims relating to the phone call on June 4, the MD stated that while he could not remember the phone call in question, he “may” have said the word “pikey”; that this was “probable” and that he was not denying it.

In relation to his alleged use of the word “tinkers” on June 6, the MD told the WRC he had no recollection of this or the alleged comment on June 12 and he would never insult a customer and if anything was said it was possibly a 'joke'.

The MD subsequently stated, “we live in a society where these terms are used” and accepted he himself had used such terminology. “It shouldn’t happen but it did,” he said.

The WRC case file states that whilst Mr Nevin accepted that descriptions such as ‘pikey’ and ‘itinerant’ were not targeted at him directly, he said the language used had made him feel “disheartened” and it was unfair and “horrendous” discriminatory treatment of him.

Mr Nevin did not voice his objections as he preferred to keep his identity to himself as there was a “fear factor” of losing his job.

During the cross examination of Mr Nevin, the MD submitted that after he received his resignation text, he telephoned him to ask why he was handing in his notice, however, Mr Nevin claims this call “never happened”.

The MD told the WRC he had previously employed members of the Traveller community without any issues.

WRC adjudication officer, Anne McElduff said that Mr Nevin's background “should not have been a factor in assessing his capability to perform the job”.

Addressing the use of derogatory comments, Ms McElduff concluded that “whilst the Complainant accepted such terminology was not directed towards him, I am persuaded by his evidence that its use left him feeling “disheartened” and discriminated against and therefore impacted upon him directly”.

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She ordered CpF to pay €7,500 in compensation to Mr Nevin and review their selection processes, implement an equal opportunities policy, and provide staff training.

Ms. McElduff said Mr Nevin had not first requested a written statement of his average hourly rate of pay under Section 23 of the National Minimum Wage Act and she ruled that complaint was “not well founded” and dismissed it.