Organic farm has to pay € 8,000 in compensation after telling HIV positive volunteers to leave – Die Welt

An organic farm discriminated against a volunteer trainee when he told him to leave after learning he was HIV positive.

At the Workplace Relations Commission (WRC), Judge Thomas O’Driscoll made the determination and ordered the organic farm to pay the man € 8,000 in compensation after he found that the man had been asked to close the farm in June 2019 To leave, the reasons of the disability according to the Equal Opportunities Act were discriminatory.

Mr. O’Driscoll said that “the aggravating factors” in the event require that the award be on the high end of the scale.

In the case, the man alleged that after being told he could no longer work on the organic farm, two requests for showers were denied, as well as a request to use the company’s WiFi system to travel out Organize Ireland.

The man had to walk a 6 km loop to a local pub to get access to WiFi.

The man went on to claim that the managing partner refused to shake hands after driving him to a local train station.

The US citizen said at the hearing that he “felt humiliated and saddened by the experience of being literally stranded in a foreign land, unwashed, with no money and only dirty peasant clothes to wear”.

In his observations, Mr. O’Driscoll noted that when he learned of the trainee’s HIV status, when he learned of the trainee’s HIV status, he found the behavior of the organic farm in rural Ireland to be “unacceptable and not only illegal but also below the acceptable threshold” behavior, what reasonable people expect when they offer people with a disability equal opportunities ”.

The complainant, a gay man, described himself as a lifelong environmental activist with a special interest in nutritional justice.

Mr. O’Driscoll stated that the trainee was HIV positive to a non-communicable level and was receiving antiretroviral drugs.

The man – represented by Maria Watson BL, hired by lawyer Maureen Gourley from the Free Legal Aid Centers (FLAC) in the case – came from the Caucasus region in June 2019 to start the volunteer position, where he had knowledge over a period of three months of organic farming are taught.

The intern was a paid member of an unnamed Irish branch of a training and campaigning organization, and the organic farm was an inn for the organization’s volunteers providing food and shelter in return for the work on the farm.

On the second working day, June 18, 2019, the managing partner asked the trainee about his limp and the trainee stated that the limp was caused by the antiretroviral drugs he was taking to treat HIV.

The trainee also stated that his viral load was undetectable, which meant that he could not transmit the virus.

The trainee assured the managing partner that his seropositive would not affect his ability to work on the farm, and this is evident from the two days of hard work he had already done.

But that evening, after the announcement of his HIV status, both partners of the organic farm informed him that he could no longer work on the farm with immediate effect and that he had to leave the farm by Friday afternoon or Saturday morning at the latest.

The managing partner claimed that the trainee walked up to him with quick steps on his return from a local pub that evening and screamed in his face after the refusal to shower.

However, the trainee denied that he had acted in this way. He stated not to be a drinker and claimed that he came from the nonviolent Quaker tradition, was a peace activist and had previously taught children conflict resolution skills.

He stated that he would never consider using or threatening violent behavior against another person.

In his observations, Mr. O’Driscoll stated: “Overall, I found the applicant’s evidence on the events of Tuesday, June 18, 2019 convincing and he has clear memories on every point at issue.”

The managing partner stated that he founded the company with his then shareholder, which employed 20 people and generated a profit of around 20,000 euros before taxes.

The organic company denied discrimination on the grounds that the trainee had been asked to leave the company because he assumed that he was physically unable to perform the tasks assigned to him, which in turn represented a health and safety risk.

The managing partner stated that it was clear to him that the trainee was not able to carry out necessary physical activities in a small company.

He declared that he was a danger to himself and his colleagues.

The managing partner asserted that the apprentice’s disclosure of his HIV status was only made after his decision to terminate the agreement, so that a disability discrimination complaint could not be upheld.

The managing partner stated that he had refused to shower the trainee on the evening of June 18 on the grounds that his partner and child were sleeping in the main residence at this late hour.

He also told the hearing that during an interview the intern had told him about the difficulties and violence he had experienced as a gay man while traveling in Europe.


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