Race discrimination

Case 3: The facts

Shirley Islam was employed as a project worker in a hostel for the homeless. Her manager was not satisfied with her performance, claiming that she was difficult to manage and had lacked judgement in arranging for one of the hostel residents to rent a flat from her or her partner.

Following a confrontation with her manager over his request that she provide a written report to support her claim for time off in lieu, Islam raised a grievance of bullying and harassment against him. Islam, who is of Asian origin, claimed that her manager's behaviour towards her was racially motivated.

The ruling

The Employment Appeal Tribunal held that there was no racial discrimination. While accepting that Islam was treated less favourably than other staff, in that her manager would not have treated others in the same way, it said this resulted from the difficulties in their working relationship; Islam's race, ethnic or national origins were no part of the reasons for his treatment of her.

Islam v Dunedin Housing Association Ltd & another EATS/0006/05