Courts / Ireland / Report

Creche ordered to pay €5k to gay employee 'outed' at work

Summary

A Workplace Relations Commission adjudicating officer ordered a creche to pay €5,000 in compensation to a gay employee for discriminatory harassment under the Employment Equality Act 1998. The hearing, brought under the Equal Status Act 2000, found that the complainant was effectively "outed" at work after a colleague, Ms A, persistently questioned her about her romantic interests. Although the officer found no intentional targeting based on sexual orientation, he determined that Ms A's conduct constituted unlawful harassment, noting the complainant was "deeply upset" and that the creche lacked adequate sexual harassment training beyond written policies. The officer also rejected a second complaint of victimisation regarding alleged roster changes, which the respondent argued were based on business needs during the pandemic. The creche's solicitor denied discrimination, arguing the incident was handled sensitively and that the complainant failed to establish a prima facie case. The complainant's legal team argued that the manager's response undermined the employer's harassment policy. The decision was fully anonymised, with neither the creche nor the worker identified. The matter was concluded with the award of compensation for the harassment claim.

Who, what, where, when and why

What: Report matter: Creche ordered to pay €5k to gay employee 'outed' at work. Procedural stage: hearing_or_decision

When:

• 21 October 2021 Other
• 2023-04-19 Publication

Why: Denying discrimination and harassment in pleadings on behalf of the creche management, solicitor Valerie Morrison of Peninsula Business Services argued the complainant had not been subject to any less favourable treatment because of her sexual orientation and had failed to make out a prima facie case. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report