A retail pharmacy has been ordered to pay €15,000 to a former employee after failing to protect her from sexual harassment by a male colleague. The woman endured a campaign of inappropriate advances and felt unsafe at work despite attempts to resolve the situation herself and through her manager.
A retail pharmacy has been told to pay €15,000 to a former employee after failing to protect her from the actions of a male colleague, who allegedly subjected her to a protracted campaign of sexual harassment.
The woman’s ordeal began last year, when the man gave her a Valentine’s Day card with an “extremely inappropriate” message on it, and began “constantly” approaching her, even though they worked in separate areas and had no cause to cross paths at work. He also bombarded her with messages on social media, and the woman said she was constantly in “fight or flight mode” and did not feel safe at work. She told an adjudication hearing of the Workplace Relations Commission that she could not handle the anxiety. She tried to resolve the situation herself initially by avoiding him and asking him to go away when he approached her. However, the measures that were intended to discourage him only seemed to encourage him more, she said. In April, she made a complaint to her manager and told them that she was “very concerned” about her safety at work. As part of its response, management told the woman to lock the door behind her whenever she went into the stockroom so he couldn’t get her. She complained to the WRC that the company had failed to address her concerns and take adequate steps to protect her safety in the workplace. After she blocked the male colleague on Instagram, he followed her into the stockroom on one occasion and said “Long time no talk” in a “low monotone and quite confrontational manner”. The woman said she “completely freaked out” as a result, locking herself in a room and phoning her manager to come and get her. When the issue was escalated to senior management, she was asked to work at a different outlet 20km away until the matter was resolved in the interests of her safety. She agreed but felt aggrieved that she was being inconvenienced, having to travel 30 minutes to and from work, while the male colleague who was the subject of her complaint was not being discommoded at all. In her decision, WRC adjudication officer Patricia Owens said the question was whether the woman’s employer had acted appropriately in response to the concerns raised by the woman. Initially, there was an informal response, which Ms Owens said had been a “workaround” rather than any appropriate intervention, and this had been “entirely inadequate”. It was followed by a formal procedure, which had been delayed because the male colleague was out of work on sick leave for a protracted period. Ms Owens acknowledged that this had caused difficulties for the employer. However, it had never considered referring him to their occupational health provider for assessment regarding his fitness to participate in an investigation. She concluded that the woman’s complaint had not been appropriately addressed, and her safety and welfare at work had not been adequately protected by her employer. Ms Owens recommended that the company introduce training for management in relation to allegations of serious misconduct, as well as a review of its dignity at work policy. She acknowledged the distress experienced by the complainant and recommended that the company pay her €15,000 for its failure to appropriately address her complaints and provide adequate protective measures. Join the Irish Mirror’s breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.
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