Employee awarded 18 months’ salary for sexual harassment and victimisation

The employer in this case is a major multinational retailer and the employee was based at its store in the Merrion Shopping Centre. The employee was initially employed in 2003 as a general operative, she was promoted to the position of team leader in 2011 and later to the position of supervisor.

The employee alleged that an incident occurred in November 2011 where the security guard, Mr X followed her into the storeroom and made unwanted physical conduct. The employee was shaken following the incident and mentioned it to her colleagues. It emerged that a number of other individuals had also experienced similar conduct from Mr X and the employee ultimately made a formal complaint to HR on 22 November 2011. While an investigation was undertaken, it concluded that due to a lack of evidence they could not prove he was guilty. The Equality Tribunal was highly critical of a number of shortcomings in this process, such as:

• the employee was asked to obtain statements from other victims, which was highly inappropriate;
• the investigation was inadequate and the managers involved abdicated responsibility in relation to investigating the complaint properly;
• the investigating manager proceeded on the basis that a criminal standard of proof was required and the insistence of witnesses ignored the reality of sexual harassment, which usually occurs in private;
• there were no enquiries made as to why the security guard went into the storeroom;
• the employee did not have an opportunity to view the security guard’s statement; and
• no appeal was offered.

The Equality Tribunal was also critical of the employer’s actions following the incident. Indeed, the employee raised a grievance about the difficulties in continuing to work with the security guard, however this was not investigated and the employee was required to work with him on an ongoing basis. As a result of the incident, the employee was absent on extended sick leave. The employee was ultimately offered a demotion and a move to another department in order to avoid work with the security guard. The Equality Tribunal was understandably critical of the employee’s treatment and its failure to consider moving the security guard, following its failure to properly investigate the complaint. The employee was awarded the equivalent of a year’s salary (€22,000) for the harassment endured and six months’ salary (€11,000) for victimisation. In addition, the employer was ordered to conduct a review of its policies and going forward, all managers who conduct investigations of harassment must receive training.