A State workplace watchdog has dismissed a race discrimination case taken by a Brazilian hairdresser against a firm operated by celebrity hairdresser David Marshall.

In a ruling published today, Workplace Relations Commission (WRC) Adjudicator John Harraghy found that David Marshall Academy Ltd not did discriminate against Danilo Possato on the grounds of race.

Mr Harraghy stated that Mr Possato contends that he was discriminated against on the basis of his race and this arose due to his interactions with David Marshall on March 11 2023 and after he confirmed his resignation.

Company director Mr Marshall along with his daughter and General Manager Laura Marshall were two of four witnesses to give evidence of behalf of David Marshall Academy Ltd during the one day hearing last month.

In his findings, Mr Harraghy stated that he was satisfied that Mr Possato failed to make out a prima facia case of discrimination, adding that "I cannot find in favour of the complainant and the claim cannot succeed."

Mr Possato commenced working for the David Marshall Academy Ltd on March 13, 2018 and resigned from his role with effect on March 18, 2023.

At the outset of its case, William Wall for Peninsula on behalf of the David Marshall Academy Ltd told the WRC hearing that the David Marshall academy is world renowned and it has trained hairdressers from all over the globe.

The hearing was told that the company is proud of its record within the industry and has never discriminated against any employee or client over their long years of service.

Mr Wall submitted that in all the firm's dealings with Mr Possato he was well looked after financially and was also provided 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 absolutely refuted that.

He said that he has been in the business for 50 years and previously had a training academy.

He gave evidence that people who went through the academy were from all over the world including China, India and Korea.

Mr Marshall, now aged 72, was asked if there was every any issue where people came from and Mr Marshall replied "we never had and we never will".

Mr Marshall felt that he had a good relationship with Mr Possato and that he did achieve competence and made good progress in his work.

Mr Possato told Mr Marshall on March 11, 2023 that he was resigning from his role - this was the third time that Mr Possato had stated that he wished to resign and on the previous two occasions, he received pay increases.

In his interaction with Mr Possato on March 11, Mr Marshall alleged that Mr Possato told him that he was an old man and that he was a "has been" and that the clients come to the salon because of Mr Possato.

Mr Marshall stated that Mr Possato told him that he was to open his own salon and confirmed that Mr Possato did open his own salon sometime after leaving.

At the hearing, Mr Marshall was cross-examined by Mr Possato, who represented himself, and was asked if he came close to Mr Possato on March 11 and said that Brazilians do not pay tax.

Mr Marshall denied that he did so and said that was only repeating what Mr Possato said.

Mr Marshall also denied that he called 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 called him "an old man" and "a has been".

Mr Wall for the David Marshall Academy told the hearing that Mr Possato’s behaviour towards Mr Marshall caused him upset, anxiety and some confusion.

As a result of this Mr Marshall mistakenly picked up Mr Possato's phone on the date and after being pushed by Mr Possato he handed the phone back and asked him to leave the premises.

In evidence, Mr Possato denied that he pushed or laid his hand on Mr Marshall at that time.

As part of his case, Mr Possato alleged that Mr Marshall’s behaviour toward him on March 11 was discriminatory and that it constituted harassment.

Mr Possato stated that Mr Marshall did not like him speaking Portuguese when he was dealing with Brazilian clients and it was his opinion that this was xenophobic.

Under cross examination, it was put to Mr Possato that when Mr Marshall said that Brazilian people don’t pay tax that he was repeating what Mr Possato himself had stated. Mr Possato denied ever saying that.

Mr Possato also denied that he referred to Mr Marshall as an old man during this encounter.

Mr Possato worked for David Marshall Academy for four years and he feels that he was thrown out in a manner that he considered to be discriminatory.

At the hearing, the David Marshall Academy Ltd confirmed that it located suitable accommodation for Mr Possato at €1,200 rent per month and went guarantor for Mr Possato for the duration of the tenancy.

In evidence of behalf of David Marshall Academy, Head Colourist in the salon, Linda Kelly, said that she knows Mr Marshall for 30 years and during that time she never heard any racist or xenophobic remarks from Mr Marshall.

Ms Kelly said that she never experienced any racist comments or remarks in the salon or in the academy.

In evidence, Laura Marshall told the hearing that Mr Possato's resignation was shocking as she thought everything was in order.

Reporting by Gordon Deegan