The Workplace Relations Commission found Andrew Loughran’s discrimination complaint against Daffodil Care Services Unlimited Company was not well founded in a decision dated 6 June 2024. Adjudication Officer Catherine Byrne said Loughran had not established facts that could support an inference of discrimination on gender, sexual orientation or family status grounds.
Loughran said the employer discriminated against him during an investigation into an allegation that he had sex with a colleague while on duty. He also alleged harassment and sexual harassment over questions asked during the investigation, and victimisation after concerns were raised. The employer said the investigation was necessary and the questions were needed to establish the facts.
The WRC found the questions at a disciplinary meeting were necessary and reasonable, and did not amount to harassment or sexual harassment. It found the unpaid suspension was an error that was corrected, with his wages reimbursed, and found no evidence it was retaliation. A separate complaint, reference CA-00051944-001, was withdrawn.