Jim Connors (on behalf of two Minors) v Wayside Celtic Football Club ADJ-00046038

Two young boys who were members of the Travellers’ Community were prohibited from joining a soccer club. The Workplace Relations Commission found that discrimination had occurred, however, as the effects were minimal, ordered non-punitive redress.

Facts

The Complainant was represented by Ms Bribeck of Exchange House, the Traveller Support Agency. On the 14th of March 2023, she called the Junior Officer of the Soccer Club to enquire about admission of the two boys, into the junior part of the Wayside Celtic Football Club. It was alleged that the Junior Officer responded that he could not accept them as “their group of people” previously caused trouble to the Club by, amongst other things, breaking the fences. He also noted that it was too late in the season to include them in the team, as they were already full. Attempts of mediation were made between the parties, however they were unsuccessful. 

Issues

This case concerns “discrimination”, as defined in Section 3(1)(a) of the Equal Status Acts, on the “Traveller Community” ground under s. 3(2)(i).  

The Workplace Relations Commission needed to examine whether discrimination took place. That is, that the young boys were treated less favourably than another person is, has been or would be treated in a comparable situation on the basis that they are members of the Traveller Community. 

Reasoning 

The Claimants put forward that it was an act of direct discrimination which had affected the boys’ self-esteem greatly. They submitted that as Ms Bribeck was known to the Junior Officer, he would be aware of the association with the Traveller Community. However, the Respondents submitted that while the Junior Officer was caught on a bad day and did not handle the call very well, the club had a lot of interested children wishing to join and they would not have been able to facilitate any young child at that point in the season. They also noted that they attempted to resolve the conflict and have players in their club from “all sections of modern Irish Society.”  

The Adjudication Officer, Michael McEntee accepted that it was clear that a technical case of Discrimination had taken place in the phone call. However, he was cautious of the physical proximity between the parties and emphasised the need for a “cooperative day-to-day Relationship between the Parties.” Thus, while he accepted that some form of redress was necessary in this case, he did not find a punitive financial award satisfactory. He stated that it would only sabotage “the local relationship across the fence” and a redress focusing on “inclusiveness” rather than “penalisation” is preferred. 

Conclusion

In accordance with Section 27(1) (b) – of the Equal Status Acts 2000, the Adjudication Officer ordered a special course of action, for which he stated the motto shall be “to err is Human but to forgive is divine.” The order included, among other things; asking the club to appoint a voluntary Community Liaison Officer, obliging the Club to set aside some funding (€1,000) for a Kids Soccer Funday which is open to all children and giving a €50 voucher to each of the children. 

The WRC held that there had been a technical case of discrimination, however that as the season was coming to a close the practical effects were minimal. The WRC stated some redress was still warranted, and directed a number of redress measures intended to improve relations between the parties, rather than penal measures that could sour relations and invertedly encourage a non-inclusion ethos.