Brazilian worker who called celebrity hairdresser ‘a was’ loses WRC racing case
As part of his case, Mr. Possato alleged that Mr. Marshall’s conduct toward him on March 11, 2023 was discriminatory and constituted harassment.
In a judgment published on Wednesday, Workplace Relations Commission (WRC) judge John Harraghy concluded that David Marshall Academy Ltd did not discriminate against Danilo Possato on the basis of race.
Mr. Harraghy stated that Mr. Possato claims he was discriminated against based on his race and this stemmed from his interactions with David Marshall on March 11, 2023 and after he confirmed his resignation.
The company’s managing director, Mr Marshall, and his daughter and managing director Laura Marshall were two of four witnesses who gave evidence on behalf of David Marshall Academy Ltd during the day-long hearing last month.
In his findings, Mr Harraghy stated that he was satisfied that Mr Possato had not established a prima facie case of discrimination and that “I cannot find in favor of the complainant and the claim cannot succeed.”
Mr. Possato began working for David Marshall Academy Ltd on March 13, 2018 and resigned from his position effective March 18, 2023.
Earlier in the proceedings, Peninsula’s William Wall, speaking on behalf of the David Marshall Academy Ltd, told the WRC hearing that the David Marshall Academy was world-renowned and had trained hairdressers from all over the world.
The hearing was told that the company was proud of its achievements in the industry and had never discriminated against any employee or customer throughout its many years of operation.
Mr. Wall submitted that the firm had been well supported financially in all dealings with Mr. Possato and had also received assistance with training and accommodation.
In evidence, Mr Marshall was asked to respond to Mr Possato’s complaint that he was racist towards him.
Mr Marshall stated that he had absolutely refuted this.
Mr Marshall said he had been in the business for 50 years and previously had a training academy.
He gave indications that the people who attended the academy came from all over the world, including China, India and Korea.
Mr Marshall, now 72, was asked if there were any problems with where people came from and Mr Marshall replied: “We never had and never will.”
Mr. Marshall felt that he had a good relationship with Mr. Possato and that he was becoming competent and progressing well in his work.
Mr. Possato notified Mr. Marshall that he was resigning from his position on March 11, 2023 – this was the third time Mr. Possato had expressed his desire to resign and on the two previous occasions he received salary increases.
In his interaction with Mr. Possato on March 11, 2023, Mr. Marshall alleged that Mr. Possato told him that he was an old man and a “has-been” and that customers were coming to the salon because of Mr. Possato.
Mr. Marshall stated that Mr. Possato informed him that he was opening his own salon and confirmed that Mr. Possato opened his own salon sometime after his departure.
At the hearing, Mr. Marshall was cross-examined by Mr. Possato, who represented himself, and asked whether he had approached Mr. Possato on March 11, 2023 and said that Brazilians do not pay taxes. Mr Marshall denied this and said he was merely repeating what Mr Possato had said.
Mr. Marshall also denied calling Mr. Possato a thief.
Mr. Marshall was asked if he regretted what he said to Mr. Possato, and he replied that he regretted the fact that Mr. Possato had called him “an old man” and “an old man.”
Mr. Wall, of David Marshall Academy, said at the hearing that Mr. Possato’s behavior toward Mr. Marshall left him upset, disturbed and confused.
This resulted in Mr Marshall mistakenly picking up Mr Possato’s phone at the appointment and, after being urged by Mr Possato, handed the phone back to him and asked him to leave the premises. In evidence, Mr Possato denied that he had pushed or laid hands on Mr Marshall at the time.
As part of his case, Mr. Possato alleged that Mr. Marshall’s conduct toward him on March 11, 2023 was discriminatory and constituted harassment.
Mr. Possato explained that Mr. Marshall did not like it when he spoke Portuguese when dealing with Brazilian customers and that, in his opinion, this was xenophobic.
In cross-examination, Mr Possato was told that in saying that Brazilians do not pay taxes, Mr Marshall was repeating what Mr Possato himself had said. Mr. Possato denied ever saying that.
Mr. Possato also denied that he referred to Mr. Marshall as an old man during that encounter.
Mr. Possato worked for David Marshall Academy for four years and feels he was kicked out in a way he found discriminatory.
At the hearing, David Marshall Academy Ltd confirmed that it had found suitable accommodation for Mr Possato at a rental price of €1,200 per month and had become guarantor for Mr Possato for the duration of the tenancy.
Speaking on behalf of the David Marshall Academy, Linda Kelly, senior colorist at the salon, said she has known Mr. Marshall for 30 years and has never heard any racist or xenophobic comments from Mr. Marshall in that time.
Ms. Kelly said she did not experience any racist comments or remarks at the salon or at the academy.
In evidence, Laura Marshall said at the hearing that Mr Possato’s resignation was shocking as she believed everything was fine.
