€10,000 Compensation Awarded to Nigerian-Origin Healthcare Assistant After Hospital Suspension Found to Be Racially Biased
Dublin: The Workplace Relations Commission (WRC) has ordered a Dublin hospital to pay €10,000 in compensation to a Nigerian-origin healthcare assistant after finding that he was suspended following an allegation of sexual abuse against a patient without adequate evidence or a proper preliminary investigation.
Paul Agbons, who had worked at Dublin’s Mater Hospital for more than 25 years, was suspended for six days after a patient alleged that a hospital employee had sexually assaulted her. The complaint did not identify the staff member by name, nor did it provide a specific date or time for the alleged incident.
The WRC found that the hospital’s nurse manager effectively identified Agbons as the alleged perpetrator based largely on the description provided by the patient. The description referred to a tall, dark-skinned, bald man of non-Irish origin.
According to adjudication officer Penelope McGrath, the manager checked the ward roster and concluded that Agbons was responsible, despite the absence of evidence directly linking him to the allegation. The WRC found that this amounted to direct discrimination on the grounds of race and nationality.
WRC criticises investigation
The commission accepted Agbons’ argument that there was no evidence connecting him to the alleged incident beyond characteristics relating to his appearance and background.
The patient had stayed in the hospital for three nights and made the allegation approximately six months after her discharge. However, the complaint did not specify when the alleged incident occurred or identify the staff member involved.
The WRC noted that other employees had access to the patient’s room through HSE swipe-card systems. There were also three other wards on the same floor. Despite this, the investigation did not sufficiently explore whether other staff members could have been involved.
The commission also expressed concern that the nurse manager did not appear before the hearing to give evidence about the decision-making process.
Under the HSE’s Trust in Care policy, the manager’s role at the preliminary stage was to establish whether there was sufficient basis for the allegation to warrant further investigation. It was not the manager’s responsibility to determine who was guilty.
The WRC concluded that the decision to suspend Agbons went beyond that preliminary role and was influenced by an assumption based on his race and nationality.
The compensation was set at €10,000, with the commission taking into account the fact that the suspension lasted only six days.
Hospital defended its response
Legal representatives for the hospital rejected the allegation of racial discrimination. They argued that the hospital had a responsibility to protect vulnerable patients and that the patient’s complaint had to be investigated.
They also maintained that the matter had been handled promptly in accordance with the HSE’s Trust in Care procedures.
However, the WRC found that the hospital could not adequately justify the nurse manager’s decision to identify Agbons as the person accused without sufficient evidence.
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