Published Thursday, 22 October 2009
Market analyst Terence Lesslar, 49, took HR solutions company Sycadex Ltd to an industrial tribunal alleging race discrimination, harassment on the grounds of race and unfair dismissal.
The tribunal found in his favour on all grounds and said where there was a conflict of evidence, it "preferred the evidence of the claimant".
It found the managing director of the company, Allen Erskine, was "responsible for a sustained campaign of discrimination against the claimant".
Mr Lesslar, who was supported in his action by the Equality Commission, was awarded a total of £36,319 for loss of income and pension entitlement, future loss and damages.
The tribunal heard that following a disciplinary procedure after a dispute over annual leave in August 2007, Mr Erskine wrote to Mr Lesslar advising him he was dismissed for gross misconduct.
An appeal made by Mr Lesslar to the company chairman resulted in his reinstatement.
However further disciplinary action was taken against him and he raised grievances with the chairman alleging race discrimination and victimisation.
Although a written warning which had been issued was struck from his record, his complaints of race discrimination were not upheld.
When he was made redundant a few months later in April 2008, he unsuccessfully appealed the decision, again alleging racial discrimination.
In its ruling after a seven day hearing earlier this year, the tribunal said Mr Lesslar "gave cogent, credible and consistent evidence to the tribunal throughout the hearing".
Highlighting a particular meeting on September 14 2007, it found as fact that Mr Erskine "said that Mr Lesslar had played the Malaysian card well and accompanied this comment with a mock clapping gesture".
The tribunal concluded that "acts of discrimination were carried out in the course of employment" and it found Sycadex Ltd liable for the discrimination.
'Sustained campaign'
Accusing Mr Erskine of being responsible for a sustained campaign of discrimination it added: "The tribunal concludes that Mr Erskine is also liable for the acts of race discrimination."
The compensation awards were made against both the company and Mr Erskine.
Mr Lesslar said he was pleased the tribunal had found in his favour and stated clearly he had been subjected to race discrimination.
"That decision and the award made shows that such discrimination is completely unacceptable and can be challenged, so I would encourage people who are suffering such treatment to remember that the law is there to protect them," he said.
He added that to have let the situation go unchallenged would have "tarnished my reputation and my good work record".
Eileen Lavery, head of enforcement at the Equality Commission, said: "This is an important result and should flag up to employers the absolute requirement to make sure that their company and their staff do not discriminate.
"They must make sure they are even handed and fair in the application of all their human resource, discipline and grievance and redundancy policies."