A data centre worker who was dismissed after posting a YouTube video containing the ’N’ word has been awarded €6,500 for his unfair dismissal.
In the case, Workplace Relations Commission (WRC) adjudicator, John Harraghy has ordered Equinix (Ireland) Enterprises Limited pay Jevgeni Rykov €6,500 compensation.
In his findings, Mr Harraghy stated that while it was not unreasonable for Equinix to dismiss Mr Rykov, “I find that the process followed in reaching that decision was flawed and unfair”.
Teams platform
Mr Harraghy found that Mr Rykov contributed substantially to his dismissal by posting the YouTube video on a Microsoft Teams platform group at work in June 2020.
Mr Harraghy stated that the €6,500 quantum reflects Mr Rykov’s contribution to the dismissal.
Mr Rykov’s boss set up the informal MS Teams group during the pandemic to encourage team members “to have some fun” and named the group “SuperHappyFunTimes” for around 15 colleagues.
Mr Harraghy stated that from evidence in the case it is clear that the video "had contained components which could be deemed to be racist in nature and offensive”.
The only black team colleague of Mr Rykov told the WRC that he found the video “offensive” and that it made him “uncomfortable”.
He said that the “wording, images and stereotypes used in the video were offensive”.
Disciplinary record
He told the WRC that he was the only person from his community working in that professional environment and he felt that the video was “unacceptable”.
Employed as a technician since June 2017 with Equinix, Mr Rykov - who had no previous disciplinary record - was dismissed for gross misconduct on June 19th 2020 following his posting of "racially offensive contents" on the MS Teams platform 15 days earlier on June 4th.
Mr Rykov’s team lead saw the video on the “SuperHappyFunTimes” group and asked that Mr Rykov remove the content and this was done.
Mr Rykov was suspended pending an investigation and the company HR manager viewed the content and told the WRC that it was her view that it “was racially motivated, derogatory to different nationals and particularly derogatory to black communities”.
The Data Centre Manager told the WRC that he also viewed the video and it referred to ethnic minorities and used the “N” work repeatedly.
He stated that it was derogatory in content and from his perspective the use of the “N” work is totally unacceptable.
Extreme video
He stated that the video was quite extreme, and it was the worst he had seen on any platform.
He stated that it was “heavy watching” and as a manger it was offensive and particularly at a sensitive time for the black community.
Mr Rykov stated that the video in question was taken from YouTube and has been available online, without restriction, since December 2013.
He stated that the video had over 6.5 million views and was made by an Israeli-American comedian and parodist.
At the company investigation meeting, Mr Rykov made it clear that he viewed this video as a joke and that it commences with the words “this is jokes not for kids.”
Disciplinary meeting
At a disciplinary meeting, Mr Rykov stated that he did not realise that people could be offended by this video and that is why he posted it. He still did not see it as racist but accepted that others might find it racist and acknowledged that he failed to see that.
It was submitted on behalf of Mr Rykov that the sanction of dismissal was “disproportionate”.
Lawyers for Mr Rykov stated that the video needs to be viewed in context where it states that the content is a joke and is a parody.
The lawyers stated that the video has been available on You Tube since 2013 and that YouTube has its own moderation process.
They stated that the video was shared on the MS Teams platform for less than 20 minutes and could only have been viewed by a maximum of five people.
The lawyers also argued that there was no appeal process and what took place was a flawed process in which Mr Rykov was not heard and there was a paper review rather than a de novo hearing.
A Lithuanian national, Mr Rykov explained that because he comes from a different society “this video for him was only a joke”.
He stated that he did not want to hurt anyone’s feelings, considered it funny and wanted to share it.
Mr Rykov stated that he wanted to stay working for Equinix, and it was the best job he ever had.
