Former Supermac's staff lose 'anti-American' bias claims
· RTE.ieA mother and daughter who claimed they were subjected to a "hostile work environment" at a Supermac's because they came from America have lost their discrimination cases.
A solicitor for Supermac's had argued that what the women had alleged "never happened".
The women, Rhonda Hale and Zoe Sidhu, had brought complaints under the Employment Equality Act 1998 against Supermacs Ireland Ltd, which were dismissed by the Workplace Relations Commission in decisions published today.
The women, who spent just over a week as employees at an unidentified Supermac's restaurant between 28 August and 5 September 2023 both alleged they were subjected to hazing and racial harassment in the course of their employment.
Ms Hale told the tribunal that she was "Czech-American", her daughter was "part-Mexican and East Indian" and they both "came from America".
"The hazing and racist hostility continued and only became more intense. I was made to feel that I was the problem because I reported the incidents," she said.
Ms Hale and her daughter each referred to multiple alleged incidents of racism in their complaints to the WRC.
Ms Hale alleged that during one early morning shift at the restaurant, a supervisor told her: "You and your daughter will never fit in here. All your positive American attitude and smiles will only make it worse for you."
On another occasion, while serving breakfast, she said she had trouble "understanding a farmer's accent" – upon which the same supervisor told her: "You don't belong here. You can't even understand how Irish people talk," Ms Hale told the WRC.
She claimed the same supervisor also assaulted her by slamming the door of a hot bar closed on her arm while she was reaching for a serving of lasagna and said: "Stupid American b*****."
"The girls were intensely mean and told me my American ways of saying 'thank you’, ‘yes sir’, ‘yes ma’am’ was ignorant in Ireland," Ms Hale stated.
She said remarks such as "Go back to America" and "When are you going back to America" were directed at her.
Ms Hale added that she overheard a second supervisor telling the first supervisor on 4 September last year: "I can’t stand these f***ing Americans either. I am too old for this."
Ms Hale's daughter, Ms Sidhu, stated that a second supervisor told her: "I am not training you on how to do anything. Get out of my face".
Then the second supervisor struck her on her upper thigh with a hot serving implement, she claimed.
Ms Hale said the supervisor "deliberately hit" her daughter on the hip and that Ms Sidhu "yelped in pain" and retreated.
She said the second supervisor was "very hostile and prejudiced towards me and my daughter" and quoted her as stating that she "didn’t know who she hated more, Americans or Travellers".
They both received dismissal emails on 5 September.
David Gaffney, of Padraig J Sheehan Solicitors, for Supermac;s, told the tribunal that what the claimants had alleged "never happened".
Both women were let go after a short time on the job because they were each deemed by the deli manager to be "unsuitable for the work", he said.
Neither assault nor any act of discrimination, harassment or victimisation had been reported by either worker to the company at any stage, he added.
Adjudicator Michael MacNamee wrote that he considered the evidence of Ms Sidhu and Ms Hale to be "unreliable" and that neither had established facts leading to an inference of discrimination.
He dismissed both cases and stated in each: "The complainant was not discriminated against."