The applicants alleged discrimination on the basis of race, colour, ethnic origin, sex (pregnancy), age, and association, as well as reprisal, after being accused of shoplifting and threatened with a trespass notice by the respondents' representatives.
The respondents requested a summary hearing to dismiss the application for having no reasonable prospect of success.
The Tribunal dismissed the reprisal allegations, finding no evidence they were linked to claiming rights under the Code.
However, the Tribunal declined to dismiss the discrimination allegations, finding that a full hearing on the merits was necessary to assess the evidence regarding the alleged racial profiling and the respective responsibilities of the store and the security company.