A non mask-wearing woman disputed that there was a pandemic, asking “where are all the sick people?” when told she was required to put on a mask at a Supermac's plaza at Kinnegad in Co Westmeath.
Supermac’s retail and forecourt manager at the Kinnegad Plaza, Joey Baker told a Workplace Relations Commission (WRC) hearing that he pointed out to Geraldine Fitzmaurice options how she could be served other than being in the restaurant without a mask via the drive-through in her car or through a hatch at the Spar part of the Kinnegad Plaza.
In the incident on May 6 2021, Mr Baker explained that Ms Fitzmaurice began shouting and roaring and claimed that she was being treated like a third-class citizen.
Mr Baker said that Ms Fitzmaurice recorded their interaction on her phone and alleged that she referred to how the Germans treated the Jews and how the British treated the Irish.
Mr Baker stated that Ms Fitzmaurice disputed that there was a pandemic and said that she asked, “where are all the sick people”?
Mr Baker stated that he explained that he spoke with Ms Fitzmaurice after two customers complained to him that they were uncomfortable that she was not wearing a mask.
In the case, WRC Adjudicator, Marguerite Buckley has dismissed Ms Fitzmaurice's claim that that she was discriminated against by Mr Baker in his role as Supervisor at Supermacs and Papa Johns and Macs Place Limited trading as Supermacs and Papa Johns against under the Equal Status Act.
In her findings, Ms Buckley stated that Ms Fitzmaurice rejected the accommodation offered by Mr Baker of being served via the drive-thru or the hatch as under cross examination, Ms Fitzmaurice stated that she wanted to be treated the same as everyone else and to be served from a hatch would be treating her “like an animal”.
However, Ms Buckley stated that she accepted that Ms Fitzmaurice received a service until her interaction with the Supervisor, Mr Baker and thereafter was offered reasonable accommodation.
Ms Buckley also dismissed Ms Fitzmaurice’s claim for harassment under the Equal Status Act after finding that Mr Baker acted in an appropriate and professional manner in his interaction with Ms Fitzmaurice.
Ms Buckley stated that she found Mr Baker's evidence to be credible and that he was presented with a challenging situation and attempted to get a solution for the benefit of both Ms Fitzmaurice and the other customers in the Kinnegad Plaza.
In her own evidence, Ms Fitzmaurice stated that she suffers from a disability and was unable to wear a face mask or face shield.
She explained that she carries a medical certificate with her and wears it on her person in a lanyard.
Ms Fitzmaurice attends her doctor on a regular basis and due to a traumatic incident in her life, she cannot tolerate anything on her face.
In her interaction with Mr Baker, Ms Fitzmaurice advised him that she was exempt from the requirement to wear a face mask.
She stated that she took out her phone and video recorded her interaction with Mr Baker.
Ms Fitzmaurice told the hearing that she felt that she had no choice but to leave the venue.
She stated that she felt humiliated, hungry, frustrated and degraded and that people were laughing at her.
She explained that she was very stressed on the day and suffered a panic attack and couldn't leave the car park for two hours after the incident.
When asked about the certification of her disability, Ms Fitzmaurice claimed that Mr Baker did not want to look at her medical certificate.
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