civil-law consumer-protection australia
Can/shall I sue Domino&#39;s if I felt the manager was being racist?
<p><strong>Edit:</strong>
Lol , looks like it's hitting right at the spot for the racist. Look at the down votes and comments. Go ahead , be the idiots you are.</p>
<p>Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist?</p>
<p>When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he started saying &quot;Don't be choppy!&quot;</p>
<p>When I said can you process it faster now, he said: do you want it to be even later? (kind of threat.)  Or do you want to come and pick it up by yourself?</p>
<p>I felt he started saying that because of my thick accent.</p>
<p>I feel he was rude instead of apologizing because of my race.</p>
<p><strong>Edit 1:</strong></p>
<p>After few down votes and thoughts , I think I was not being clear enough and  need to clarify a bit more.</p>
<ol>
<li>I am not planning to sue Domino's because of the late delivery (for which I was frustated for sure).</li>
<li>I called them for the second time sitting in the car park and waiting for more than 20 mins.</li>
<li>As I was fruststed, my statements were &quot;Are you going to deliver it , I don't have all day to wait around</li>
</ol>
<p>Now comes the part which seems unfair and racist to me and countless other minorities (South-east Asians)  (yes, I know , because we share that feeling and disucuss, if you dont have any idea, pease sit back and realx and don't jump your gun)</p>
<p>Ok now back to sequence of events:</p>
<ol start="4">
<li><p>Dominos manager then responded (with a threatning/demeaning voice)
-- Do <strong>you</strong> want to be <strong>even late</strong>? !!
-- DO <strong>you</strong> want to come and <strong>pick</strong> it <strong>up</strong> <strong>yourself</strong>? (Again the tone was <strong>demeaning</strong>)</p>
</li>
<li><p>Should he have said , <strong>do you want</strong> it to be even late ? <strong>No</strong>.</p>
</li>
<li><p>Should he have said , Do <strong>you</strong> want to <strong>come and pickup</strong> now , I think he <strong>should have not</strong> .</p>
</li>
</ol>
<p>Now I know it's hard to prove and some one called me Karren empathising with the Manager , but give me a break, that's his job to attend the customers and you can't threaten customers for repurcussion , that's why there is consumer Law.</p>
<p>And I think he was able to threat/demean me, with the consquecnce of (me) not getting the service, because <strong>he think</strong>s <strong>certain race</strong> can be <strong>pushed</strong> around and <strong>that's racist</strong>.</p>
<p>I don't want million dollars as the out put of lawsuit (not sure if this is the right word), but some times Sociey does not auto-correct itself.</p>
<p>If I want to fix this legally (as I want), I think a lawsuit , a judgement and punitive action should be able to discourage such bahaviour.</p>
<p>And , to all our privileged posters, I hope you will keep your biased view off this post.</p>

<p><strong>Can I sue?</strong> (Shall I sue? Is up to you)</p>
<p><strong>Yes</strong>, anyone can sue anybody but that doesn't mean it will be successful.</p>
<p>The likely candidate for making a claim seems to be under the tort of <em>Emotional Distress</em>, however, note that...</p>
<blockquote>
<p>Since the definition of offensive conduct is subjective by its very nature, the courts have set high standards to make out a claim for intentional infliction of emotional harm. To be successful, the plaintiff must show that the defendant intentionally or recklessly engaged in <strong>extreme and outrageous conduct which caused severe emotional distress to another person</strong>. <a href="https://lawshelf.com/shortvideoscontentview/emotional-distress-torts/" rel="noreferrer">Source</a></p>
</blockquote>
<p>...but according to the OP and comments, this criteria does not appear to be have been met.</p>

<p>Obligatory &quot;Anyone can sue anyone for anything, the question is if they have any chance of success&quot;.</p>
<p>In this case, almost certainly not for two reasons.</p>
<p>First, there is no evidence for the claim. The fact that you are a minority and that you believe you were treated poorly does not mean it was racially motivated. Unless you could demonstrate a pattern of rudeness and poor service to ethnic minorities, this argument would not go anywhere.</p>
<p>Second, the damages suffered amount to hurt feelings and a pizza (assuming you received neither it nor a refund). Suing someone isn't a case of &quot;you did bad, give me a million dollars&quot;. The damages are based on how much you actually suffered.</p>
<p>If you still feel the need to take out your frustration over a late delivery, there are more effective ways to do so. Leaving a bad review, voting with your wallet by buying from Pizza Hut, or contacting Dominos customer support until they give you some vouchers to go away would all be far easier and more effective.</p>
