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Irish Times
02-07-2025
- Irish Times
Circle K manager's alleged Garda threat saw homeless man pick up human faeces with bare hands, WRC told
A Circle K worker who said his manager told him to 'be a man' and supervise the cleaning of a bathroom where a homeless man picked up human faeces with his bare hands has been awarded €1,000 for harassment at the Workplace Relations Commission (WRC) The worker, Siddarth Thirunavukkarasu, was eventually ordered to clean up the rest of the mess, despite the fact that he felt unwell, the WRC was also told. Mr Thirunavukkarasu brought a complaint under the Employment Equality Act 1998 against Circle K, where he was employed as a shop supervisor at its Belgard filling station in Tallaght, Dublin 24. He stated in his statutory complaint that he was 'bullied and discriminated against' by a manager at the store, Julita Howe, when he was 'forced to clean human waste without proper training or equipment' on 14th May, 2024. Ms Howe disputed that she made the 'be a man remark', the tribunal heard. READ MORE The claimant's case was that after he discovered faeces in a customer bathroom, Ms Howe confronted 'the person in question', a homeless man who was outside the filling station. Mr Thirunavukkarasu submitted that Ms Howe 'threatened to report [the homeless man] to the Garda if he didn't clean it' and that the man 'reluctantly agreed'. He said that despite complaining of discomfort and nausea due to the smell, his manager 'insisted' Mr Thirunavukkarasu supervise the homeless man in the bathroom. The complainant said he was experiencing 'nausea' because of the smell, and that his discomfort was heightened when he saw the homeless man 'handling the mess with his bare hands'. Ms Howe instructed him to give the man gloves and a blue towel and 'hold the toilet door open and watch' to 'ensure it wasn't smeared everywhere', the complainant told the WRC. How the wealthy are buying up land to avoid inheritance tax Listen | 22:03 He said he refused again and told his boss he 'could not stand the smell'. Ms Howe replied: 'Come on, be a man,' Mr Thirunavukkarasu told the WRC. His case was that Ms Howe 'forced' him to watch the man clean while she 'stayed away' and avoided the situation. Ms Howe eventually ordered him to clean up the rest of the mess, despite the fact he felt unwell, the tribunal heard. Dajana Sinik, of the Irish Business and Employers' Confederation (IBEC), appearing for Circle K, submitted that Mr Thirunavukkarasu had failed to exhaust internal company procedures, as he had filed his claim with the WRC in September 2024 while its investigation was still going on. The grievance investigator, company human resources (HR) officer Sara Murphy, found that the 'be a man' remark attributed to Ms Howe could not be substantiated as there was no witness to the exchange and Ms Howe 'disputes this claim', Ms Sinik said. However, an assistant store manager, Zahida Mustaq, had confirmed to the investigation 'that Ms Howe's behaviour and language were indeed inappropriate' and that Mr Thirunavukkarasu was asked to clean the toilet because the homeless man had not done so 'adequately', the tribunal heard. Ms Murphy did conclude that the manager 'should have recognised that the homeless man was not of sound mind to carry out this task properly', it was submitted. 'Asking the complainant to take over – despite him voicing his concerns and expressing his discomfort – was not in line with the [company's] dignity and respect policy,' Ms Sinik further submitted. Ms Sinik told the WRC that the company had a zero-tolerance approach to bullying and harassment and had acted reasonably by investigating the complaint. She said it had met its obligation to 'take reasonably practicable steps to prevent and address harassment'. The tribunal heard that prior to raising his formal grievance, the complainant had asked for a transfer back to a different Circle K store in Tallaght, which was granted. Adjudication officer Jim Dolan concluded that there was 'no act of discrimination or victimisation' against Mr Thirunavukkarasu. However, he wrote in his findings that the manager 'told the complainant when he objected to escorting the drunk man in cleaning the toilets: 'Come on, be a man''. Mr Dolan said it was 'very difficult to disagree' with Mr Thirunavukkarasu's case that this amounted to harassment, and ordered Circle K to pay €1,000 in compensation.
BreakingNews.ie
02-07-2025
- BreakingNews.ie
Circle K ordered to pay €1,000 after female manager allegedly told worker to 'be a man'
A manager at Circle K allegedly told an employee "come on, be a man" when insisting that he supervise a homeless man to clean up his own faeces from a toilet at a Dublin outlet. Workplace Relations Commission (WRC) adjudicator Jim Dolan ordered Circle K to pay €1,000 compensation to shop supervisor Siddarth Thirunavukkarasu for the single incident of harassment concerning the "come on, be a man" comment. Advertisement Mr Dolan said Mr Thirunavukkarasu felt that the comment was harassment, concluding that it was 'very difficult to disagree with the complainant'. As part of a company grievance process arising from a complaint by Mr Thirunavukkarasu, manager Julita Howe disputed making the "come on, be a man" comment. As part of his grievance, Mr Thirunavukkarasu alleged that Ms Howe confronted a homeless man who was outside a toilet at a Circle K Belgard outlet in southwest Dublin and threatened to report him to gardaí if he did not clean the faeces, which the man reluctantly agreed to. Mr Thirunavukkarasu then alleged that Ms Howe then insisted that he supervise the homeless man while he cleaned, despite his discomfort and nausea from the smell. Advertisement Mr Thirunavukkarasu repeatedly refused to assist, but he alleged that Ms Howe pressured him to stay, even allegedly scolding him for using a mask without permission. Upon returning, Mr Thirunavukkarasu observed the homeless man handling the mess with his bare hands, further increasing his discomfort. Mr Thirunavukkarasu also said Ms Howe instructed him to provide the homeless man with a blue towel and gloves. He alleges that she then told him, in a serious tone, to hold the toilet door open and watch the man clean the mess to ensure it wasn't smeared everywhere. Advertisement Mr Thirunavukkarasu immediately refused, explaining once again that he did not want to enter the area as he felt nauseous and could not stand the smell. He said that despite this, Ms Howe insisted, saying "come on, be a man," and forcing him to watch the man clean. Mr Thirunavukkarasu added that eventually Ms Howe ordered him to clean the remaining mess, even though he felt unwell, while other staff were not asked to do so. Mr Thirunavukkarasu felt singled out and unfairly treated. In his grievance letter, Mr Thirunavukkarasu also raised concerns about improper training for such situations and believes no employee should be asked to clean such unsanitary conditions. Advertisement A grievance procedure carried out by HR business partner Sara Murphy concerning the "come on, be a man" comment found there was were no witnesses to this exchange and Ms Howe disputes that the comment was made. Ms Murphy concluded that 'as a result, this point cannot be substantiated'. The grievance procedure included a statement from Zahida Mustaq, the assistant store manager who corroborated Mr Thirunavukkarasu's statement that he was asked to clean the toilet. A grievance procedure conducted by Ms Murphy found that witness statements confirmed Ms Howe had initially asked the homeless man to clean the toilets and then instructed the complainant to do so when it became clear the task had not been completed adequately. Advertisement In her findings, Ms Murphy determined that this did not constitute a breach of the bullying and harassment policy. However, Ms Murphy concluded Ms Howe should have recognised that the homeless man was not of sound mind to carry out this task properly and asking Mr Thirunavukkarasu to take over – despite him voicing his concerns and expressing his discomfort – was not in line with the dignity and respect policy. Therefore, this point was upheld in the company grievance procedure. In response to the claim of harassment concerning the "be a man" comment, Circle K said that without prejudice or admission that this comment was made, that even if those words were used, they were merely a figure of speech rather than an act of discriminatory treatment, simply referencing the fact that he is indeed a man. Ireland Galway City Council ordered to pay €25k for 'one o... Read More Circle K contended that pointing out that Mr Thirunavukkarasu is a man did not in any way harm him or affect his terms and conditions, and therefore, it is unable to understand how this could be considered discrimination on the grounds of gender. The company also pointed out that in this case it acted reasonably by conducting a thorough investigation into Mr Thirunavukkarasu's complaint. Circle K pointed out that a bullying and harassment policy is in place to address such issues and reinforce the company's zero-tolerance stance on such behaviours while additionally, employees receive training on this policy. In the WRC ruling, Mr Dolan concluded there had been no act of discrimination or victimisation by Circle K against Mr Thirunavukkarasu.
