Labour Court Database __________________________________________________________________________________ File Number: EED952 Case Number: EEO955 Section / Act: S27EE Parties: A COMPANY (Represented by KAREN O'DRISCOLL, B.L., INSTRUCTED BY J.F. GOOLD & COMPANY SOLICITORS) - and - A WORKER;NOONAN LINEHAN CARROLL, SOLICITORS |
Alleged constructive dismissal of the worker in contravention of Section 27 of the Employment Equality Act, 1977.
Recommendation:
In this case, the complainant alleged that she suffered sexual
harassment in the course of her employment by the respondent
Company. She referred a complaint to the Labour Court under
Section 27 of the Employment Equality Act, 1977.
The Court investigated the complaint on 7th June and on 19th
October, 1995 and heard all persons appearing to the Court to be
interested and desiring to be heard.
Serious allegations of sexual harassment were made by the
complainant, involving several members of the respondent
Company's staff. All the allegations were strenuously denied.
Having considered the oral evidence given on behalf of both the
complainant and the respondent Company, having considered the
correspondence put in evidence before it, the Court is not
satisfied that this complaint is well-founded.
The case is dismissed.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
EED952 ORDER NO. EEO595
EMPLOYMENT EQUALITY ACT, 1977
SECTION 27
PARTIES:
A COMPANY
(REPRESENTED BY KAREN O'DRISCOLL, B.L.,
INSTRUCTED BY J.F. GOOLD & COMPANY SOLICITORS)
AND
A WORKER
(REPRESENTED BY NOONAN LINEHAN CARROLL, SOLICITORS)
SUBJECT:
1. Alleged constructive dismissal of the worker in contravention
of Section 27 of the Employment Equality Act, 1977.
BACKGROUND:
2. 1. The Company is involved in the retail motor trade. The worker
concerned commenced employment in November, 1990 as a
receptionist. Her employment ceased in October, 1994.
The worker claims that shortly after she commenced
employment and during the period of her employment she
was subjected to unwanted sexual harassment by two named
employees of the Company. The worker claims that she
was forced to resign from her employment because of
sexual harassment. She terminated her employment by
letter dated 20th October, 1994 submitted through her
legal advisor.
2. The Company rejected the allegations of sexual
harassment and constructive dismissal.
3. On the 12th January, 1995 the worker, through her legal
advisor, referred the complaint to the Labour Court
under Section 27 of the Employment Equality Act, 1977.
The Court investigated the complaint at hearings which
were held on the 7th June and 19th October, 1995.
Comprehensive evidence was taken under oath at both
hearings.
ORDER:
In this case, the complainant alleged that she suffered sexual
harassment in the course of her employment by the respondent
Company. She referred a complaint to the Labour Court under
Section 27 of the Employment Equality Act, 1977.
The Court investigated the complaint on 7th June and on 19th
October, 1995 and heard all persons appearing to the Court to be
interested and desiring to be heard.
Serious allegations of sexual harassment were made by the
complainant, involving several members of the respondent
Company's staff. All the allegations were strenuously denied.
Having considered the oral evidence given on behalf of both the
complainant and the respondent Company, having considered the
correspondence put in evidence before it, the Court is not
satisfied that this complaint is well-founded.
The case is dismissed.
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Signed on behalf of the Labour Court
21st December, 1995 Tom McGrath
T.O'D./D.T. ________________
Deputy Chairman