Supermarket cleared of discrimination in row over paying for groceries with 10c and 20c coins
The children's father filed a complaint accusing the unidentified supermarket of a breach of the Equal Status Act 2000 by refusing service to the children on December 22nd, 2023, because they were members of the Travelling Community.
The claim was ruled 'not well-founded' by the
Workplace Relations Commission (WRC)
in a decision published on Friday, which was anonymised because of the involvement of minors.
The tribunal heard that at about 1.30pm on the day of the incident, a cashier scanned €68 worth of shopping through a checkout for a girl and boy whose father was outside the premises in a car.
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The cashier's evidence was that she counted out €26.80 comprising €1 and €2 coins and 20c and 10c pieces. '[It] took some time to count,' she told the WRC at a remote hearing last month.
When she asked the children for the rest of the sum due, the young girl produced a purse with 'a large amount of 10- and 20-cent coins inside', she told the WRC.
The cashier then asked the children whether they had 'anything larger to pay with'. She explained that there was 'a large queue building up' at her till.
The children said they did not and left to fetch their father, the cashier said. She said he asked her why she was not taking their money, and that she found him 'very confrontational'.
She told the WRC she 'made it clear to him that she was not refusing to take his money' and had only asked for notes because it was 'a very busy day'. There were 'a lot more than 50 coins involved'.
The supermarket owner came to the till and intervened, the tribunal heard. The owner gave evidence that the father showed her he had banknotes, but told her he 'wished to pay in full using coins'.
The owner then proposed that the father could count out the exact amount owed in coins, or count it out in batches of €5-€10, she said.
The father replied: 'You are refusing to accept our payment.'
She said she was 'trying to find a solution' and even offered coin bags to count out the loose change, but the father 'turned and walked away and left the store mid-conversation'.
The father gave evidence that the children told him at the car that they 'were not being served' and that he went in to find out why. He told the WRC he 'supported what [his wife] had said about the event' in presenting the claim.
The family's position, as presented by the children's mother at last month's hearing, was that the children were 'refused service at the supermarket because they were members of the Travelling Community'.
'The children suffered embarrassment in the shop with locals present, and suffered embarrassment with their friends because of the incident.'
The supermarket's solicitors, Sweeney McGann, submitted that the business offered an apology to the children's mother for the 'misunderstanding' in a bid to de-escalate the situation, as well as a voucher as a goodwill gesture, which was refused.
Adjudicator Peter O'Brien wrote in a decision published on Friday that it was 'not prejudicial' for the cashier to ask the children if they had 'larger-value coins or notes to complete their purchases'.
He noted that by law, 'no entity other than the Central Bank or such persons as ordered by the Minister [for Finance] shall be obliged to accept more than 50 coins denominated in euro or in cent in a single transaction'.
He noted that the only person who had given direct evidence to him about the initial incident was the cashier, as anything the children had told their parents was 'hearsay'.
The cashier's evidence was that she 'never refused to complete the purchase' but simply asked the children whether there was 'a more convenient way to pay', he wrote.
'The request to pay with larger-value notes or coins could easily have applied to a minor who was not a member of the Travelling Community or indeed any adult who presented with large amounts of small coinage on such a busy day,' he wrote.
He concluded the cashier's actions were reasonable and that she 'did not engage in discriminatory or prohibited conduct', and dismissed the complaint.
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