The Equality Tribunal found that a construction worker was sexually harassed and victimised by his employer, a construction company, and awarded him €25,000 for victimisation. Equality Officer Bernadette Treanor dated the decision 11 September 2008.
The worker, represented by SIPTU, said the company restricted his duties, placed him on sick leave and did not return him to work before making him redundant. The company said it acted to protect him and other workers, and that reduced work led it to make 36 employees redundant.
The officer found the initial restriction to ground-level work reasonable, but found that delays, poor communication and not allowing the worker to respond amounted to victimisation. She also found that he had been sexually harassed, and that the company could not rely on the statutory defence because it had no harassment procedures in place.
The company was ordered to pay €10,000 for the distress and effects of sexual harassment and €14,700 for lost earnings resulting from discrimination. The worker’s claim of discrimination on the sexual-orientation ground failed. The company was also ordered to update its harassment policies, inform staff about them and appoint a contact person for complaints.