Accounts clerk subjected to prolonged sexual harassment awarded €10,000
A female accounts clerk has been awarded €10,000 after being victim to prolonged sexual harassment from her boss.
In a case taken at the Workplace Relations Commission (WRC), the woman said that from late January 2017 until she resigned on March 28, 2017 she suffered continuous sexual harassment.
Documenting the sexual harassment, the woman said that on the week starting March 13, 2017, her boss insisted on kissing her when he was leaving the office. She objected to this but he persisted and caught her head and pulled her toward him and tried to kiss her in the lips.
The woman lowered her head to prevent this but her boss kissed her on the forehead.
The accounts clerk is a non-EU national and was here on a student visa that allowed her to work.
The woman’s duties included work on the design of the firm's promotional brochures, marketing, sales, accounts, tour guide duties, and work in an associated shop on the premises.
The woman also created social media posts promoting the company’s work.
Earlier in the woman’s employment at the firm, she stated that her boss would hug her and these hugs became more prolonged and she was continually asked for a hug every time he left the office.
The Complainant maintained that she objected to these by saying, “don’t touch me” and putting up her hands to stop him but in many instances he overpowered her.
The boss continued to hug her without her consent on March 25 and March 26 and on March 28, the woman resigned from her post.
The WRC report - where none of the parties are identified - records that the effects on the woman of the sexual harassment "were feelings of disgust and she still feels that way. Her self-confidence was very low during the abuse and deteriorated as time passed".
The woman said that her trust in people in Ireland was very poor as she always thought that everyone wanted to take advantage of her.
She said that she is now leaving Ireland and intends to seek professional help on her return to her home country.
The woman claimed that she was intimidated by her boss and felt that there was no one she could approach for help and she was fearful about losing her job.
She stated that she spoke with the marketing manager about the matter but he told her that it was only a ‘joke’.
The woman maintained that there was no bullying and harassment or dignity at work procedures in the company.
There was a ‘no-show’ from the company at the hearing and the woman’s evidence was uncontested.
In her findings, Adjudication Officer, Ewa Sobanska found that that the woman was sexually harassed and ordered the firm to pay her €10,000.
Ms Sobanska recorded that after the marketing manager treated the woman’s complaint as ‘a joke’, the woman did not know what to do or who to go to.
Ms Sobanska said: ”This is entirely understandable in the circumstances. It is therefore unsurprising that the Complainant believed that there was no other alternative but to resign.”
Ms Sobanska also ordered that the company pay the woman €1,624 in respect of other breaches of workplace legislation.
In her recommendation, Ms Sobanska also recommended that the company immediately adopt, implement and monitor a comprehensive, effective and accessible policy on sexual harassment, harassment and dignity at work.
Ms Sobanska also recommended that a copy of the policy is given to all existing and new staff on arrival and that staff are fully acquainted with its contents. In addition, copies of the policy, or a brief synopsis should be displayed in prominent positions in the workplace.
She also recommended that all staff who have staff management functions receive appropriate training in the policy and that this training is kept under review in light of development / best practice in the area.
