The Workplace Relations Commission (WRC) has concluded it lacks the authority to adjudicate a case of discrimination lodged against a notably loud restaurant by a patron with hearing impairment. Emily Brady, the accuser, had alleged she was subjected to discrimination when the eating establishment’s employees declined her request to lower the volume of their sound system due to the restaurant’s ambiance.
Ms Brady detailed that the noise level at 777, located on George’s Street in Dublin 2, on the evening of 19th April 2023 was tremendously high, causing glasses to vibrate within the windows. Dining out with her friends, she found herself incapable of any form of conversation or placing her food order due to the noise.
John Farrell, owner of the restaurant, maintains that his establishment’s audio system, which cost €50,000 to install, is designed to automatically adjust the volume depending on how bustling the restaurant is. He argued that while entering the premises might seem loud, diners would not find it bothersome when seated and conversing.
Emily Brady claimed that upon requesting a decrease in sound, she was promptly dismissed by the restaurant manager who she alleged did not care about her presence. JFR Ltd, the restaurant management, vehemently rejected her allegations. She told the tribunal that she felt humiliated and neglected and that she believed the establishment was unwelcoming to individuals with disabilities as well as marginalised communities.
During the hearing in December, both the manager, Pepé Rodriguez, and a server named Christine Noguera, refuted claims that they were aware of Ms Brady’s hearing impairment, a contradiction to the testimonies provided by Ms Brady and her co-diner, Pat McCarthy.
Pat McCarthy, a friend of Ms Brady, also testified to the tribunal that Mr Rodriguez categorically told their group that the loud music was intrinsic to the restaurant’s vibe. Furthermore, when questioned during the proceedings, server Christine Noguera denied receiving any information from any of the patrons about Ms Brady’s disability.
The accuser revealed that she had a hearing impairment as she questioned the witness. However, Ms Noguera stated that the complainant had only requested for the noise level to be reduced and asked to speak to the manager. Throughout Ms Noguera’s testimony, arbitrator David James Murphy tried twice to ask the witness a question but failed to receive an answer. This led him to suggest to the company’s lawyer, Ms Loughnane, that they could have called for a translator. Ms Noguera pointed out that she hadn’t realised she was being addressed and requested Mr Murphy to use her name when directing a question at her.
In her final remarks, Ms Brady disclosed that she had communicated her hearing issue twice. She understood that Ms Noguera, the waitress, could have trouble decoding English and might not have heard or misconstrued what was stated. Nevertheless, she didn’t find any justification for Mr Rodriguez discrediting her disclosure of the hearing disability, a fact supported by her witness and statement.
Ms Brady noted that, although Mr Farrell mentioned how loud the music was at the entrance due to the speakers, they were seated right under the speakers near the entrance. Mr Farrell pointed out that the music was set at a volume that allowed conversations, but Ms Brady objected, noting the volume difference between the front and back of the area.
In contrast, Ms Loughnane held that there was a considerable disagreement on the facts, but Mr Rodriguez had definitely mentioned that reasonable adjustments were made and the music was turned down at the complainant’s behest. The fact that Ms Brady’s group stayed for a full two-hour session spoke volumes about their treatment, she added.
The decision released today by the WRC (WEDS) saw Mr Murphy noting that the bar, known for its high noise levels, was much louder than the complainant had anticipated and experienced before. He noted that 777 Dublin, a licensed premise, remained undisputed. He pointed out that the Intoxicating Liquor Act 2003 moved the jurisdiction of Equal Status Act complaints to the District Court and declared the cessation of the equality law for discrimination at licensed premises. Regrettably, he revealed that he had no jurisdiction over the matter.
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