Background:
The Complainant was employed as a Prep Chef from 29th June 2021 to 1st February 2022. Shortly after the commencement of her employment, the Complainant was subjected to sexual harassment by a male co-worker and despite numerous complaints, they were not addressed in a substantial manner or at all, resulting in the Complainant having to resign from her employment. The said conduct consisted of inappropriate and unwarranted touching including grabbing her wrists, stroking her arm, grabbing her around the waist and on one occasion biting her on her shoulder.
The Complainant initially raised the matter informally with the Head Chef. She put her complaint in writing asking that the matter be sorted quietly. In or around the end of July 2021 she made further complaints, and the matter was not addressed.
The Respondent submitted the Complainant was not constructively dismissed and the Respondent took such steps as were reasonably practicable to address and deal with the complaints. The Respondent submitted they did not ignore the matter.
The Adjudication Officer found the Complainant’s evidence to be very credible and was satisfied that all the incidents of harassment and sexual harassment as alleged did occur.
The Adjudication Officer was satisfied the Respondent failed to put appropriate measures in place to stop the harassment and sexual harassment from occurring or to reverse its effects in that particular circumstance. In addition, it was found the Complainant was subjected to discriminatory treatment on the grounds of gender in her employment.
Outcome:
The Respondent was ordered to pay the Complainant the sum of €20,000 for her distress following being subjected to sexual harassment and discrimination on grounds of gender in the workplace.
Practical Guidance for Employers:
Employers should ensure that their Human Resources Department have a formal efficient policy in place to deal with complaints regarding discrimination and sexual harassment. Employers should have an updated dignity in the workplace policy and ensure that staff are trained in this policy, so as to prevent harassment and sexual harassment in the workplace taking place.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/march/adj-00036502.html
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