WRC will hear blind man's discrimination claim against Re-Turn
The tribunal found it is 'very clear' that the bottle deposit return manager 'determines how the scheme will work' and that the complainant had made out an arguable case that the body is providing a service.
The claimant, Pat McCarthy, has alleged he is disadvantaged by the scheme because he cannot read the markings indicating whether or not a drink container is included in the scheme.
Deposit Return Scheme Ireland CLG, trading as Re-Turn Ireland, denies a statutory complaint by Mr McCarthy under the Equal Status Act 2000.
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Its lawyers argued the WRC 'manifestly does not have jurisdiction' and called on the tribunal to dismiss the claim as 'misconceived' – an application which was rejected in a preliminary ruling published on Thursday.
Mr McCarthy's case is that he went to an Aldi store at Carrigtwohill in Co Cork to return his drinks containers, but found himself unable to either locate a reverse vending machine, use the machine, or identify the Re-Turn logo on his bottles and cans.
Mr McCarthy told the tribunal that he had been recycling his cans and bottles 'for decades' with little or no trouble, but that Re-Turn had 'treated him worse' because he is blind.
'The placing of Re-Turn logos or other marks and symbols in a way that blind people can't read is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic,' he stated in a submission to the WRC.
He said he was 'disadvantaged' by this due to his disability – pointing to a lack of accessible signage and a failure to use labels compatible with assistive technology for the visually impaired.
Cliona Kimber SC, appearing for Deposit Return Scheme Ireland CLG instructed by Suzanne Keenan of Byrne Wallace Shields LLP, argued that Re-Turn was not providing a service to the public.
It was 'simply acting as the government-approved body to manage the scheme' and did not 'order, own or operate the reverse vending machine' at Aldi Carrigtwohill, Ms Kimber submitted.
'The respondent applies for the dismissal of this complaint on the basis that the Workplace Relations Commission does not have jurisdiction to consider this complaint, as the complaint is misconceived,' Ms Kimber further submitted.
Mr McCarthy argued that the scheme was run as an 'integrated' service under a 'partnership' between Aldi and Re-Turn, the WRC noted.
In his preliminary decision, adjudication officer Brian Dalton wrote that it was 'very clear' that Deposit Return Scheme Ireland 'determine[s] how the scheme will work'.
It 'prescribes a logo [and] a bar code and approves what reverse vending machines are to be used,' he wrote.
Mr Dalton found that what set the case before him apart was the fact that the reverse vending machines were 'not limited to product purchased at that site or that retailer'.
'On the facts, I find that the complainant has made out an arguable case that [Deposit] Return Scheme Ireland [is] providing a service by prescribing how the scheme can be accessed,' he wrote.
'I find that the complaint is not misconceived, and will be set down for hearing of the substantive matter,' Mr Dalton concluded.
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And people would [regularly] reference that meeting. But not only is he brilliant from a psychology point of view, as a coach, he is phenomenal as well, because he can see [the strengths and weakneesses] with every opposition, he comes up with a plan, very methodical, and you would have to say, in Gaelic terms, he is a bit of a genius.' Higgins continues: 'He's so into the collective. If anybody steps outside of the group, then it's all about the group and the team. 'No matter how talented you are as an individual, if you're not going in the direction of everyone else, then forget about it. The team will be successful. 'So, just the togetherness that he tries to create, and the culture and the work ethic are phenomenal.' Celtic coaches Tommy McIntyre (left) and Jim McGuinness pictured in 2016. Alamy Stock Photo Alamy Stock Photo It also says a lot that in one of his most difficult moments as Derry manager, it was McGuinness that Higgins turned to. 'I'll be honest with you. We were bottom of the league [at Derry] when I took over, and we ended up in Europe. But there was a pivotal game that year at home to St Pat's. I'll never forget it. 'I couldn't settle all day. Obviously, I was new to the job and a new manager. It was all new to me, and I was very anxious and worrying about everything. 'And I actually rang Jim, and I said: 'Jim, I'm on edge here. I'm really worried.' And then he started asking me questions: 'Have you covered this? Have you covered this? Have you covered this?' And basically, simplified it for me, just to reassure me that: 'No, you'll be alright. You've covered all the bases, all the angles.' 'And I felt a lot more settled after that conversation. He gave me 15-20 minutes of his time, and I was really settled. And after that, we ended up getting a great 1-0 win at home. He definitely had a part to play.' Despite all his coaching talents, the overriding perception from the outside, at least, is that McGuinness failed in the world of soccer. Was Ryan surprised that he did not make a greater impact? 'Yeah, and no. I'm surprised that he hasn't got a job, but there are so few jobs here in this country. And you know, he has a large family, a few kids, they're growing up. So that would be a factor in him travelling again, I suppose. 'I would think at some point he will go back to it, or he'll have a go. But obviously, he's having a successful time there with the GAA at the moment.' Higgins also wouldn't be surprised to see McGuinness return to the world of soccer eventually. 'I wouldn't rule it out. I know he's very passionate about it. I definitely wouldn't say that he's failed. I don't think he's had the opportunity that he would have liked. 'And there's no doubt, a lot of the stuff, so much of the stuff is transferable. 'I spoke to him one time about potentially helping me out at Derry as well. At one point, I met him, but he had a lot of other stuff going on. But I've absolutely no doubt that he could be a success, that he would make a really good manager. He's just a huge figure in Irish sport. And any sport would love to have him.' Ryan agrees: 'He has everything in the game from doing the [pro licence] course, and you can apply some of the principles to the GAA pitch. I would say he does. And there are certain aspects there — people going into a low block defensively or breaking. That probably originated from football, and it developed into the GAA, and the rules changed, because people went more tactical. So I'd say there are definitely [soccer] aspects he brings into it.'
