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Worker awarded €50k after male colleague tried to pull her trousers down

Summary

The Workplace Relations Commission awarded Charlotte O'Brien €50,440 in compensation after finding that her employer, Deadline Direct Ltd trading as Deadline Couriers, failed to implement harassment prevention measures. Adjudicating officer Breiffni O'Neill determined that the company's handling of the incident did not mitigate its liability. Ms O'Brien alleged that a male colleague, identified as Mr X, attempted to pull down her trousers in an open-plan office on 27 May 2021. The officer accepted her evidence as credible, noting that Mr X subsequently joked about the act to other staff. The company, represented by Century Law, argued that the incident was unforeseeable and that Ms O'Brien failed to engage with their grievance process. However, the tribunal found no documentary evidence that a clear sexual harassment policy had been provided to her or that staff received prior training. The company's appointed investigator, accountant Austin Bergin, left the hearing before giving evidence. The officer concluded that the alleged investigation did not mitigate the employer's failure to take preventative measures. Consequently, the maximum compensation of two years' pay was ordered. The matter was concluded with this final award.

Who, what, where, when and why

What: Report matter: Worker awarded €50k after male colleague tried to pull her trousers down. Procedural stage: charge_or_pretrial

When:

• 27 May 2021 Incident
• June 2021 Incident
• 2 July Incident
• 2023-05-05 Publication

Why: He submitted that the company's procedures were "effective" but that Ms O'Brien "did not fully engage with the grievance process and failed to invoke its grievance procedure – arguing the firm was "prevented from taking steps to address the matter in accordance with their legislative requirements" because of her alleged "refusal" to use its grievance process. CNI source report

Case subjects

Topics

Stage Charge Or Pretrial

Read the original CNI report