A visually impaired dog owner who allegedly called a veterinary clinic receptionist ‘a horrible human being’ during a no Covid-19 mask row has lost his discrimination claim.
At the Workplace Relations Commission (WRC), the man admitted that he may have called the receptionist “a horrible human being” or an “ignorant human”.
The man made the alleged comments when he attended the clinic without a Covid-19 face mask on January 21st 2022.
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The man had called to the shop to order food for his dog and was asked by the receptionist to stand outside the store as he was not wearing a mask and when he refused, the receptionist took the food outside to the car park.
The man accepted that he raised his voice and did become agitated to which he apologised for.
He said that his visual impairment was obvious from the white stick he carried and that he was exempt from wearing a mask because of his disability as it fogged up his glasses.
In her evidence, the receptionist said that after she came back in from the car park to deliver the dog food, she alleged that the man commented that she was an “ignorant b***h” and he was “going to take this further”.
To this the receptionist stated in her evidence that she “quietly and calmly told him my name” and went back behind her desk.
The receptionist had worked at the clinic since 2011 and at hearing, told of the profound impact the pandemic had on the workplace from increased workload, to being split from colleagues having to work opposite days, to working behind closed doors all while trying to maintain an essential service.
In her findings, Ms Glazier Farmer stated that it is entirely understandable that during this time it was frustrating for those individuals who had a reasonable excuse not to wear a face covering due to their disability.
She added: “However, it does not entitle anyone to engage in name calling or abusive behaviour particularly where workers were simply trying to comply with the temporary restrictions in place at the time.”
Ms Glacier Farmer stated that she was satisfied that the man has failed to establish a prima facie case of discrimination on the grounds of his disability.
Ms Glazier Farmer found that the clinic did reasonably accommodate the complainant in this case by taking an order over the phone and delivering it to the complainant’s car.
She stated: “While the receptionist may have acted in haste by not explaining to the Complainant that she was going to drop the goods to the car, this does not amount to less favourable treatment on the grounds of disability.
She pointed out that “in fact, uncontested evidence from the Practice Manager was that this was a regular service; where customers would phone in their order, and it would be delivered to their car”
Ms Glazier Farmer stated: “There was no evidence from the Complainant that he was not aware of this offering and in light of the fact he was a regular to the store and had on this occasion phoned in his order, I find it reasonable that he would have been aware of this service.”
Ms Glazier Farmer commented that “just because an individual has a disability alone did not automatically render them except from wearing a face covering”.
She stated that to place the entire burden on the clinic, and in this case a receptionist, without knowledge of the complainant’s medical history, to be in a position to connect the complainant’s disability with his inability to wear a face covering is in a stressful environment at a high point in the pandemic “is wholly disproportionate and unfairly burdensome”.
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