Eddie Rockets has been ordered to pay €5,000 compensation to a blind Irish Paralympian after she was told that her guide dog could only sit at tables at the front of a restaurant.
The Workplace Relations Commission ruled that Eddie Rockets Ireland Limited had breached the Equal Status Act 2000 by discriminating against Nadine Lattimore on grounds of disability.
Ms Lattimore claimed she was the subject of less favourable treatment because of her disability and not provided with reasonable accommodation when she visited the Eddie Rockets restaurant on Parnell Street, Dublin on October 2, 2023.
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The claim was not disputed by the company which accepted that it had discriminated against Ms Lattimore in breach of the legislation.
It is the third successful discrimination claim in the past six months by Ms Lattimore, who competed in track and field events for Ireland in the Paralympics in London in 2012.
In July, the WRC ordered discount retailer, Dealz, to pay her €7,000 compensation for a breach of the Equal Status Act, while Lidl were ordered to pay her €2,000 in September.
In the latest case, the WRC heard that the complainant entered the restaurant at 12.45pm with her clearly identifiable guide dog and waited to be seated.
Ms Lattimore said she was offered a table by the door but she requested one further inside as there was no space for her dog at the table near the entrance.
She said the restaurant sounded quiet and it was not a busy time of the day so that she did not anticipate there would be an issue as she had previously sat at a table further back from the door.
However, her request was refused on the basis that the size of her guide dog might distress other customers.
Ms Lattimore said her server continued to insist that she should sit beside the door even after she had explained that Pilot was a registered guide dog and not a pet.
The server told her that she had been instructed that people with dogs could only sit in that part of the restaurant.
Ms Lattimore said the server would not listen to her trying to assert her rights.
The WRC heard that when the complainant asked to speak to a manager that the server identified herself as the manager.
However, another staff member explained that Ms Lattimore had been in Eddie Rockets before and that she was allowed to sit anywhere she wished.
Ms Lattimore said the staff member had to inform her that the manager had abruptly walked away as she was speaking.
She left the restaurant in a distressed state as she felt she had been treated like "an unreasonable, difficult customer" by the manager.
Ms Lattimore said she returned to the restaurant with her dog’s registration but the manager repeatedly defended her actions and spoke over her.
She told the WRC that she left the restaurant because she felt "upset and humiliated" and lodged a complaint with the company’s head office.
In her ruling, WRC adjudication officer, Marie Flynn, said Ms Lattimore had provided "compelling evidence" about what happened and its impact on her.
Ms Flynn noted that the complainant had experienced discrimination on a number of previous occasions because she was accompanied by a guide dog.
"Her experience is not uncommon for guide dog users as evidenced by a recent survey from the Irish Guide Dogs for the Blind," said Ms Flynn.
She added: "What occurred on October 2, 2023 in front of other customers was unacceptable, humiliating and deeply upsetting."
The WRC said it was clear that Ms Lattimore had a disability and was treated less favourably by Eddie Rockets.
It acknowledged that the company did not challenge the facts established by Ms Lattimore’s evidence.
However, Eddie Rockets said the female employee was a supervisor rather than a manager but it accepted her actions were in direct contravention of its own policy and the Equal Status Act., although she disputed that she was rude.
The WRC noted that an area manager immediately apologised to Ms Lattimore on receipt of her complaint and the company’s managing director had subsequently issued a written apology to underscore the gravity of the incident.
Eddie Rockets claimed what happened was "an honest mistake" on the part of its employee.
It also carried out an investigation to identify gaps in its training programme and to re-educate its employees on the important principles highlighted by Ms Lattimore.
The company said the supervisor had since received full training about service animals and its disability management plan, while further refresher training had been completed in all its outlets.
In addition, Eddie Rockets said relevant information was placed in a more prominent position within its training manuals and other company documentation, while it had also enrolled in a programme run by the Irish Guide Dogs for the Blind and has provided water bowls for service dogs at all its restaurants.
It also offered Ms Lattimore a voucher for her and friends or family to enjoy a meal at one of its branches by way of an apology.
The WRC heard that she refused an offer of €5,000 compensation made by the company.
Noting that compensation should be "effective, proportionate and dissuasive," Ms Flynn awarded Ms Lattimore a sum of €5,000 and encouraged Eddie Rockets to consider placing "Guide Dogs & Assistance Dogs Welcome" signage at the entrance to all its restaurants.
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