DUBLIN, Ireland: An Indian security manager who was demoted after a violent clash with a shoplifter has lost his case of racial discrimination against his former employer.
The case involved Syed Baqur Hussein, who worked as a contract manager for One Complete Solution Limited (OCS) at Tesco's Jervis Street store in Dublin.
In August 2022, Hussein was called to help after a customer was caught with 400 euros worth of unpaid meat in his bag. The shoplifter returned the goods but then became abusive, shouting racist insults at Hussein, calling him a "P**i paedo b*****d."
The situation quickly escalated. The shoplifter slapped another security guard and shoved him into Hussein. Hussein claimed the customer lunged at him and hit him several times in the face. During the struggle, the man's wife also kicked Hussein. He suffered serious facial injuries and required hospital treatment, including X-rays.
When Hussein returned to work after his planned leave, he was suspended. A disciplinary investigation began in January 2023, and soon after, he was given a final written warning and demoted. Hussein argued to the Workplace Relations Commission (WRC) that he was unfairly punished because of his race. He said there was a "culture of racism" in OCS and pointed out that three security staff were involved in the incident: two, including himself, were Asian and were disciplined, while the third, a white European, was not.
OCS defended its decision. The company said Hussein was punished not because of his race but because he punched a customer without following proper procedures. They argued that company policy required staff to de-escalate such situations and avoid physical aggression. According to OCS, Hussein's actions amounted to gross misconduct and "dangerous behaviour." They also presented evidence showing that both Irish and non-Irish staff had been disciplined or demoted in the past.
WRC adjudication officer Máire Mulcahy considered the evidence. She noted that Hussein had raised a presumption of discrimination, which meant OCS had to prove otherwise. Mulcahy accepted the company's argument that Hussein acted differently from the white European employee, who had tried to restrain the shoplifter with open hands rather than clenched fists. This, she said, explained why the disciplinary outcomes were different.
Mulcahy pointed out flaws in the company's process, such as not giving Hussein notes during meetings and failing to consider the provocation he faced. Still, she ruled that while the punishment might seem harsh, it did not amount to racial discrimination. Employers, she said, may act unfairly at times, but that is not the same as discriminating on racial grounds.
Hussein's separate complaint about racial harassment was dismissed because it was lodged outside the legal time limit. Mulcahy, however, recommended that OCS improve its workplace policies and put up posters reminding staff of their right to a workplace free from racism and harassment.
