Background:
The Complainant alleged workplace discrimination based on gender per s.77 of the Employment Equality Act (EEA) 1998, in that she experienced harassment, sexual harassment, and sexual assault by a male colleague over an extended period. Despite multiple complaints, including reports from other colleagues and alleged threats to her life, her employer failed to investigate or take action. A formal complaint was made, but no steps were taken to address the situation, resulting in ongoing harassment and escalating threats. Ms. Ahearne argued that the Respondent had no harassment policy in place and failed in their legal obligation to protect her; referencing legal precedents to support her claim that highlighted the subjective nature of harassment and victimisation under the EEA. Redress was sought, asserting that the Respondent be liable for failing to prevent or address the discrimination and retaliatory actions faced after making complaints.

The Respondent argued that the Complainant's case was statute-barred under s.21(2) of the Equal Status Act 2000, as the Complainant failed to notify the respondent within the two-month period required by law. The alleged incident occurred on May 19, 2020, but the Complainant only submitted a notification on October 5, 2020. The Respondent asserted that they were unaware of the allegations until an unrelated dispute occurred, and the Complainant declined to formally pursue the matter earlier. The Respondent denied all claims of harassment and victimisation, emphasising that the Complainant’s submission lacks legal grounding and is time-barred.

Finding:
The Adjudicating Officer found that while the complainant initially referenced the Equal Status Act 2000, which requires an ES1 notification; her allegations are governed by the Employment Equality Act 1998, which does not. As a result, the case is under the authority of the Employment Equality Act, and parallel Circuit Court proceedings do not negate the Workplace Relations Commission's jurisdiction to hear it, as supported by Culkin v. Sligo County Council.

The Complainant alleged harassment and sexual harassment by a supervisor, Mr. X. While some non-sexual harassment does not fall under the Act's discriminatory grounds, the key issue is sexual harassment and victimisation. It was held the Complainant reported the sexual harassment, and after her report, Mr. X made serious threats against her. Witness testimony supported these claims. Despite informal discussions, the Respondent failed to conduct a thorough investigation, particularly after threats were made. The Complainant made it clear that she wished for a formal complaint, yet the Respondent did not act accordingly, thereby failing to prevent discrimination and victimisation. The Respondent's mishandling of the complaint, particularly their failure to investigate Mr. X's threats, constituted discrimination and victimisation under the Employment Equality Act 1998. An award of €30,000 was made.

Practical Guidance for Employers:
Employers should:

• Implement and Enforce a Harassment Policy: Employers must have a clear harassment and anti-discrimination policy in place. This policy should include definitions of harassment and sexual harassment, procedures for reporting, and steps for investigation.
• Timely Investigate Complaints: When a complaint is made, employers must act swiftly to investigate the matter. Delays or failure to investigate can lead to further harm and potential legal liability, as seen in the case.
• Take Threats Seriously: Employers should not ignore or downplay threats made against an employee following a harassment complaint. Immediate action, including potential disciplinary measures, is essential for protecting staff and mitigating legal exposure.
• Maintain Objectivity: Ensure that all allegations are treated seriously and impartially. Do not dismiss complaints based on informal procedures if the employee clearly indicates a desire for a formal resolution.
• Provide Training: Regularly train employees and management on harassment policies and procedures to foster awareness and create a safer workplace environment.
• Document Actions: Keep thorough records of complaints, investigations, and actions taken. Proper documentation can protect the employer and demonstrate compliance with legal obligations.
• Support Employees: Provide support to complainants, including counselling services and alternative working arrangements, to help them feel safe and respected in the workplace.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/august/adj-00030590.html