A state watchdog has dismissed a discrimination claim brought by a man against well-known west Cork hotel, the Inchydoney Island Lodge and Spa concerning the non-wearing of a mask during the pandemic.
George-Calin Breban’s claim for discrimination on the grounds of disability at the Workplace Relations Commission (WRC) arose from an incident on March 19th 2021 when a member of staff at the hotel firm failed to serve him three ice-creams and a coffee at an outdoor food truck owned by the hotel when he refused to wear a mask.
Mr Breban from Dunmanway, Co Cork said that his two children and wife wanted ice-creams and he wanted a coffee at the Silver Surfer food truck.
After being told by a female worker that he had to wear a mask, handing him a box of masks in the process, Mr Breban told the server he was medically exempt and a male server in the truck then said, “Sorry no mask, no service”.
Recording device
Mr Breban admitted to using a recording device in his interactions with hotel staff on the day and in a previous unsuccessful Covid-19 mask claim before the WRC against a Waterford restaurant, Mr Breban admitted that he has filed "six or seven other claims with the WRC for adjudication" concerning the issue of mandatory wearing of masks indoors during the pandemic.
In the case concerning Burzza at Waterford, Mr Breban admitted to using a recording device to record all interactions in establishments to further his multiple discrimination claims concerning the demand to wear Covid-19 masks indoors.
In response to his claim against Inchydoney Island Lodge and Spa Limited, trading as Inchydoney Hotel, WRC Adjudicator, Thomas O’Driscoll stated that it was only at the WRC hearing that Mr Breban exhibited a copy of a medical certificate at from his doctor dated November 17th 2020 which stated: "This is to certify that the above named suffers from severe anxiety on wearing a mask."
Mr O’Driscoll stated that significantly this was the first time that the hotel owner had seen the certificate after giving uncontested evidence that he had asked for it from Mr Breban at the material time. Mr O’Driscoll also stated that Mr Breban accepted that he did not show the hotel owner the certificate on the day, nor did he show it to the food truck staff and neither did he disclose the nature of his disability.
The WRC adjudicator found that the mere declaration by Mr Breban of exemption without offering further information as to the nature of the exemption effectively absolves the hotel from an allegation of discrimination under the Acts.
After hearing the relevant evidence and submissions in this case, Mr O’Driscoll found that Mr Breban has not established a prima facie case that he was discriminated against in the denial of goods and services by the hotel nor that he was denied reasonable accommodation for his disability.
Mr O'Driscoll also didn't allow Mr Breban show the purported video footage of the incidents at hearing. The adjudicator also dismissed a victimisation claim over the hotel’s refusal to hand over CCTV footage of the incident.
Interaction with owner
In an interaction with the hotel owner on the day, Mr Breban claimed that the owner implied that he had feigned a disability, calling him a "despicable coward".
Under cross-examination, the hotel owner admitted that he accused Mr Breban of cowardice and of feigning his disability.
The owner of the hotel said that Mr Breban was abusive and rude to the young female staff member working on the truck as well as during a further encounter with the General Manager when he had trespassed on the hotel property through a fire escape door.
In response to a question on how he might define someone being ‘rude and aggressive’, the hotel owner replied that when that person leaves another person in tears after a verbal encounter.
The hotel argued that had Mr Breban a genuine reason not to wear a mask, he would have accommodated him because he had been familiar with the rules and regulations.
The hotel owner submitted that Mr Breban deliberately chose to abuse staff, trespass aggressively into a building closed to the public and looked to cause an incident.
The hotel described Mr Breban as an anti-mask campaigner who came ready prepared to video his interactions.
On the complaint of victimisation relative to the non-release of video footage to subsequent to the incidents in question, the hotel submitted that no footage would have been released to any individual, regardless of disability, who had trespassed on hotel property and filmed members of staff without their permission.
