The Workplace Relations Commission (WRC) found that Ability West had not shown it took reasonably practicable steps to prevent sexual harassment and ordered it to pay Shannon Avril Holland €27,000 in compensation. The WRC also directed the care provider to train staff on its workplace policy and keep a record of that training.
In a decision dated 5 January 2024, adjudication officer Anne McElduff found that Holland established facts supporting an inference of gender discrimination. Ability West had a policy and responded promptly to her complaint, but the investigation took too long and the officer found there was no adequate staff training or record of training.
Holland said her line manager sent her sexual text messages and touched her hips at work. The company’s investigation concluded the messages amounted to sexual harassment. Holland withdrew her separate victimisation complaint.