This case involved a long-running dispute between an Art teacher and the headmaster of the school at which she worked and the school itself. A number of claims, going back to 2004, were ruled out of time as the complainant was made to the Tribunal in 2009. Other claims of direct gender discrimination and harassment were also rejected, although the Tribunal made the following remarks about the school’s harassment policy:-
“5.20. However, I would add that I consider that the complainant is correct in stating that the harassment policies of the respondent are flawed. Firstly, they require a complainant to show intent on the part of the alleged harasser. Secondly, they state that a single incident cannot be considered to be harassment. As I have indicated in this decision, the Acts require that the act or acts of harassment in question had the purpose OR effect of harassment. Intention cannot be a requirement of harassment in that context. Furthermore, harassment (as opposed to bullying) can consist of a single act depending on the circumstances of the case.
5.21. In that context, I would urge the respondent to consider revising its harassment policies and I would refer it to the Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 in that context.”
The Tribunal did find in favour of the complainant on the ground of victimisation but only by including her “unfounded” complaints to the Tribunal in disciplinary proceedings against her. As such, the Tribunal awarded the complainant €500 and ordered that, “no later than 42 days after the date of this decision, the respondent cease to include the making of this complaint to the Equality Tribunal as a cause, reason and/or matter for consideration with respect to the disciplinary action currently being taken by it against her.”
FULL DECISION:
http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-027-Full-Case-Report.html
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