The Labour Court overturned an Adjudication Officer’s decision and awarded Kellie Ann McGuinness €5,000 after finding gender discrimination arising from sexual harassment. The determination was signed on 7 March 2017.
McGuinness appealed after her complaint was found not well founded. She said a worker from another concession shop subjected her to unwanted verbal and physical contact between July and September 2015, and that Catlan Trading Ltd T/A Marco Moreo failed to protect her. The company said managers intervened, investigated, and suspended and removed the worker from the site.
The Court accepted the company took reasonable steps after observing the conduct, but found it had no preventive policy or procedure in place when the harassment occurred. A later policy did not establish the statutory defence. The Court held the company liable and awarded McGuinness €5,000 for distress and the effects of the harassment.