A Cork barman has been awarded €10,000 in compensation after the Workplace Relations Commission (WRC) found that a comment made by his employer in front of a customer amounted to discriminatory harassment linked to his age and diabetes.
Sean Murphy, who worked part-time at the Hunted Hog bar in Castlemartyr, Co Cork, brought a complaint against Barcol Hospitality Ltd following an incident during a busy shift in February 2025.
The WRC heard that company director Barry Hennessy responded to a customer waiting for service by saying: “Ah never mind him, he doesn’t be with it half the time.”
Murphy told the hearing the remark left him feeling publicly humiliated and undermined while working under pressure after more than five hours on duty without a break.
He said he had been serving customers, clearing tables and handling payments continuously during the shift, adding that his diabetes required careful management and stable working conditions.
Murphy argued that the comment, combined with what he described as a broader lack of consideration for his health, caused significant stress and negatively affected his wellbeing. He later went on certified medical leave in March 2025.
During a hearing in Cork City, Hennessy said the interaction took place during a hectic service period and insisted the comment was intended in a light-hearted way to manage a customer’s expectations.
“Any remark, if made, was taken out of context by the complainant and did not reflect any assessment of his competence or state,” Hennessy told the tribunal.
He added: “There was no intention to undermine or belittle [Mr Murphy]. The interaction must be viewed in light of the fast-paced and informal nature of bar service.”
Representing the company, Kelvin Hyland of Peninsula Business Services Ireland argued that even if the comment had been made, it did not meet the legal threshold for harassment.
However, WRC adjudicator Thomas O’Driscoll found Murphy’s evidence to be clear and credible, noting that Hennessy had not issued a direct denial of the remark.
In his ruling, O’Driscoll said the statement would reasonably be interpreted as referring to Murphy’s age, health condition, or both.
“[Mr Murphy] described the incident as damaging to his dignity and confidence at work, and I am satisfied that this reaction was both genuine and reasonable in the circumstances,” the adjudicator wrote.
The WRC upheld Murphy’s complaint under the Employment Equality Act 1998 and ordered Barcol Hospitality Ltd to pay €10,000 in compensation for the effects of the harassment.
The company was also directed to ensure all managerial staff complete equality and disability-awareness training within six months.
