ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001719
Complaint(s)/Dispute(s) for Resolution:
Date of Adjudication Hearing: 09/05/2016
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Attendance at Hearing:
The Respondent did not attend the Hearing.
Complainant’s Submission and Presentation:
I have been sexually harassed by my boss at work. The Respondent is a clothing/fashion/household group and it is operated and controlled by one key individual (Mr A). Nominally, he may not formally be a director but he is assuredly the boss and the person most associated with the ownership and operation of the company. He has sexually harassed me, smacking me on bottom, frequently making lewd remarks to me concerning my appearance and gender, propositioning me and sending me multiple unwelcome lewd and sexually explicit and offensive text messages, frequently out of hours. I have been demoted in my role and my shop has been closed down and I have been transferred to a new role at lower pay. |
In addition to the detail provided in her complaint form, the Complainant submitted significant additional, supporting evidence, both oral and documentary, at the Hearing. This evidence is detailed in the decision pertaining to complaint reference ADJ 1718.
Respondent’s Submission and Presentation:
The Respondent did not attend the Hearing or provide a response/evidence in any other format.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Issues for Decision:
The issue for decision was whether or not the Complainant was subjected to sexual harassment in the manner alleged.
Legislation involved and requirements of legislation:
The relevant legislation in this case is the Employment Equality Act, 1998 – 2015.
Decision:
The Complainant had originally submitted three separate complaints, pertaining to the same set of allegations, against three different Respondents. Having carefully considered the evidence presented by the Complainant, I believe that the Respondents, nominated under complaint reference (ADJ 1718), to be the Complainant's employers for the purpose of the hearing of the complaint. Consequently, the substantive case and supporting evidence was considered under that complaint reference.
As a result, no decision issues in relation to the complaint against the Respondent named under this complaint reference (ADJ 1719)
Dated: 9th February, 2017