Courts / Dublin / Report
Maternity hospital worker who said she was forced to quit after 'sexual assault' by porter fails in claim
Summary
Kaitlyn Winston, a 19‑year‑old maternity care assistant, claimed she was forced to quit after a porter sexually assaulted her on 3 May 2022 by putting his hands on her waist. An independent investigation upheld the assault on the balance of probabilities. The porter, a man in his 30s, was kept employed after a disciplinary process that issued a final written warning, removed his allowance and transferred him to a different department. Winston returned to work in February 2023, encountered the porter twice that day, and felt unsupported and intimidated. She took sick leave on 24 February and resigned on 4 May 2023, citing lack of management support and that her complaint was not taken seriously. The Workplace Relations Commission rejected her unfair dismissal and employment equality claims, ruling that the hospital had taken reasonable steps to protect her and that her resignation was not a constructive dismissal. The case is now subject to appeal.
Who, what, where, when and why
What: Report matter: Maternity hospital worker who said she was forced to quit after 'sexual assault' by porter fails in claim. Charges or matters: Unfair Dismissals Act 1977; Employment Equality Act 1998. Procedural stage: hearing_or_decision
When:
- 3 May 2022 Incident
- February 2023 Incident
- 24 February 2023 Other
- 30 March Other
- 4 May 2023 Other
- 2025-03-18 Publication
Why: A maternity hospital won't have to pay compensation to a female care assistant who claimed she was forced to quit because its management let a porter who sexually harassed her stay on staff. CNI source report
Case subjects
Applicant
Charges: Unfair Dismissals Act 1977; Employment Equality Act 1998 (Alleged Or Contested)
Places mentioned
- Rotunda Hospital
- The hospital
Topics
Stage Hearing Or Decision Violent Crime
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