A south Dublin fitness club which claimed a disabled patron had been "vulgar" to staff when he asked about having a shower hose fitted to wash his "bit and pieces" before expelling him has been ordered to pay €8,000 for discrimination and victimisation.
The general manager at West Wood Club in Sandymount, had accused the man of telling her he needed the hose to "wash his arse", a claim denied by the man.
Robert Flynn secured compensation on foot of complaints under the Equal Status Act 2000 against West Wood Club CLG at the Workplace Relations Commission, which has also served the club with a compliance direction about its disabled shower facilities in a decision published today.
At a hearing in October 2024, Mr Flynn told the tribunal he had the lower part of his left leg amputated five years earlier, a disability he said affects "everything" he does.
He told the Workplace Relations Commission that when he was first shown around the gym in March 2023, he told an employee he was "missing a leg".
However, he said he could not see the disabled shower properly on the day because it was in use at the time of his tour.
He only later realised that it was unsuitable and that he "needed a hose attached to the shower", he stated in evidence.
Mr Flynn denied being rude, vulgar, or aggressive when he spoke with gym staff about his difficulties.
He said he suggested an adaptation for his disability and was "met with a dismissive response" that left him "embarrassed and distressed".
A receptionist, Nicole Mooney, said in evidence that Mr Flynn had referred to washing his "bits and pieces" and that she believed he had been "passive-aggressive" towards her.
Another receptionist, Valerie Stavilla, gave evidence that Mr Flynn "became vulgar, pointing to his body parts and asking how he was supposed to wash his arse".
Daphne Kearney, the gym's general manager, said Mr Flynn came to her the first day he used the gym and told her he needed a hose in the shower to "wash his arse".
In response to questions put to him in cross-examination, Mr Flynn denied he had intended to be embarrassing to female staff.
He also denied using the term "ass" when talking to staff, telling the tribunal: "I said bits and pieces."
There was also evidence from a builder, David Leach, giving an estimate of €43,740.50, inclusive of VAT, for "upgrading the shower area in the gym including the installation of a new disabled shower".
He told the tribunal he had been asked to provide a quote for "making the shower compliant with legislation".
Simply changing the unit and installing one with a hose would be "half" the cost of the other estimate, he added.
An architect, Kieron Flood, also appeared and gave evidence confirming the estimate, the tribunal noted.
West Wood’s solicitor Peter Duff said the club had a "zero tolerance" policy on the conduct of members towards staff and that Mr Flynn’s membership was ended "simply because of his behaviour towards the female staff of the gym".
He added that the cost of what Mr Flynn wanted was "more than nominal".
Andrew Murnaghan of KM Solicitors LLP, appearing for Mr Flynn, argued there had been "no mention of rudeness" before the claim came before the WRC.
He added that the company had failed to produce any contemporaneous report on making an adaption to the shower.
"The estimate provided was for a complex piece of work; yet the builder stated that it could have been done another way," counsel added.
WRC adjudicator Roger McGrath wrote in his decision that Mr Flynn had made multiple employees of the gym aware that its shower facilities were not adequate, but that there had not even been a "cursory" investigation into making adaptations.
He ruled the complainant had been discriminated against in respect of a failure to provide reasonable accommodation.
Mr McGrath also noted that some staff had complained of feeling "uncomfortable" when they spoke to the complainant, but wrote that it "did not seem [Mr Flynn] was rude or abusive".
"He may at times have used less than delicate phraseology, but no formal complaints were made," Mr McGrath wrote, adding that there had been no investigation of any such matter until "well after" Mr Flynn was expelled from the gym.
"He was retaliated against for invoking his rights under the act," Mr McGrath concluded.
He ordered West Wood Club CLG to pay Mr Flynn €5,000 for the disability discrimination and a further €3,000 for the victimisation.
Mr McGrath also made a direction under the Equal Status Act that the gym operator "re-evaluate the shower facilities in the gym and do whatever is required to ensure compliance".
