The complainant is a member of the Traveller community who was employed as a labourer on various sites by the respondent. It is agreed that when some scrap metal was stolen, a supervisor called the complainant and left a message asking him to “tell your cousins not to come back to the site again”.

The Equality Officer considered the respondent’s Personal Harassment Policy and found it complied with SI 208 of 2012. She also found that the respondent’s Health and Safety Officer responded appropriately when the matter came to her attention. However, the Equality Officer found that the respondent “manifestly did not prevent the incident occurring”. She also noted that the person who had left the message was a supervisor and, in addition, that there was an element of premeditation on his part. In particular, she noted that he would have had time to reconsider while he was dialing and waiting to leave the message.

In relation to other allegations of name calling the Equality Officer preferred the evidence of the respondent and these were not upheld. The Equality found that the respondent could not avail of the defence in section 14A(2). In considering the totality of the evidence before her the Equality Officer awarded the complainant €500.

Why is this case of interest?

 In this case the respondent’s policies were found to be entirely in compliance with SI 208 of 2012, (which came into force after the complaint was submitted) and although the respondent’s actions on becoming aware of the issues was considered to have attempted to reverse the effects of the harassment in accordance with 14(2)(b) the respondent manifestly did not prevent the incident in accordance with 14(2)(a). It could be argued, in fact, that the respondent had taken reasonably practicable steps to prevent such incidents from occurring. However, the redress awarded is low.

Find the Decision here: http://www.workplacerelations.ie/en/Cases/2013/August/DEC-E2013-099- Full_Case_Report.html