The Labour Court varied the Equality Officer’s decision on an employer’s appeal, awarding a worker €12,500 for sexual harassment, €12,500 for victimisation and €1,090 for medical expenses. The determination was dated 13 July 2009.
The Court found the employer liable for sexual harassment because it had no arrangements in place to prevent or deal with it. Restricting the worker to ground-level duties was not victimisation, which the Court attributed to health and safety concerns. But it found that placing him on unpaid sick leave after he complained was victimisation, citing the lack of consideration of alternatives that would avoid lost pay and the delay in reviewing his return to work.
The Court also ordered the employer to maintain appropriate harassment policies, ensure staff remained familiar with them and appoint a contact person for complaints. The worker’s 2006 redundancy was agreed to be genuine.