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WRC awards €19,136 after finding sexual harassment of forklift driver

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Paul Uzell €19,136 after finding he was sexually harassed at work. In a decision dated 25 October 2023, it also found he resigned and was not unfairly dismissed.

Uzell worked as a forklift driver for Tom O Sullivan Trading as Toms Lucky Trading, which sells and distributes African fresh and frozen foods. The respondent denied the allegations and argued that the conduct was not unwanted.

The adjudication officer accepted Uzell’s evidence that he was touched inappropriately and that the conduct was unwelcome and frequent. The officer found it created a degrading and offensive working environment. The €19,136 compensation was equal to six months’ salary.

The unfair-dismissal complaint concerned whether Uzell was dismissed or resigned after a heated workplace dispute. The officer concluded that his employment ended by resignation, so that complaint was not well founded.

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