Complainant faced sustained workplace harassment, gender discrimination, and unequal pay.

The Complainant worked as a croupier at D1 Club Casino for Automatic Amusements Limited from March 2018. Despite her eight years of experience, she was only ever paid the minimum wage. The workplace was challenging, with late-night shifts, intoxicated patrons, and the tensions of gambling losses. Management expected staff to handle difficult customers, but little formal support was provided.

The Complainant experienced persistent misogyny and harassment at work, including name-calling, inappropriate touching, and explicit gestures. Complaints to management were dismissed, with responses such as, "This isn’t a church." She also alleged inappropriate comments from one of the owners. Matters escalated in August 2023 when she reported workplace mistreatment, including a death threat from a customer, in an email. The employer’s response was perfunctory, resulting in forced apologies rather than meaningful action. Shortly after, the Complainant became the target of a disciplinary investigation based on staff complaints collected during the employer’s inquiry. A customer threat incident was reframed as misconduct on her part, leading to a final written warning. The process was unfair, and the employer failed to address her harassment complaints. Instead, the Complainant faced retaliation for raising serious concerns about workplace discrimination and sexual harassment. The Complainant alleged gender discrimination, unequal remuneration, and workplace sexual harassment.

The Respondent submitted a written statement dated April 2024. Several witnesses, including the Complainant’s line manager and a co-owner, testified under affirmation, with no objections raised regarding the documentary evidence presented. The Respondent denied all allegations of gender discrimination, unequal remuneration, and sustained sexual harassment.

The Adjudicator reviewed all evidence, guided by Faulkner v. Minister for Industry and Commerce [1997], and clarified procedural requirements, including the burden of proof, where necessary.

The Adjudicator found that the Respondent failed in its duty of care, allowing a hostile work environment where female employees faced sustained stereotyping, belittlement, and casual sexism. Complaints were ignored or dismissed, and no protective measures were in place. The Complainant proved she was paid less than a male colleague of equal rank, establishing a prima facie case of gender-based pay discrimination. The Respondent’s argument that the male comparator had a supervisory role was unconvincing. The Adjudicator directed the Respondent to implement anti-harassment policies, provide training, and engage an independent investigator for future complaints. The Complainant was awarded €7,000 in arrears for unequal pay, covering the three years prior to her complaint.

Complainant: Iulia Andreea Zamfir

Respondent: Automatic Amusements Limited t/a D1 Club Casino

Employers should:

Implement and Enforce a Strong Anti-Harassment Policy: Employers must establish a zero-tolerance policy for workplace harassment, ensuring all staff understand their rights and obligations. This includes regular training on sexual harassment and discrimination, clear reporting mechanisms, and swift, impartial investigations when complaints arise.

Ensure Fair Pay and Equal Treatment: Employers should conduct regular pay audits to identify discrepancies in pay between male and female employees performing equal work. In this case, the employer failed to justify why a male colleague was paid more, leading to a successful equal pay claim. Transparent pay structures and objective performance-based criteria should be used to prevent gender-based pay discrimination.

Protect Employees from Retaliation: Retaliation against employees who report workplace issues is unlawful and can worsen liability. Instead of disciplining the complainant, the employer should have properly investigated and taken action to address harassment. Employers must ensure that employees feel safe to report concerns without fear of reprisal.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/january/adj-00049843.html