A woman has been awarded €7,394 in compensation after a manager at the hardware shop she worked at made “entirely inappropriate” sexual comments leading to an “intolerable” situation in the workplace.
The woman, who was working as a showroom manager in Homebase, Sligo, was awarded €7,394 against Homebase House and Garden Centre Ltd in a case of constructive dismissal heard by the Employment Appeals Tribunal.
A business studies graduate, the woman was working at the company’s Sligo store from June 18th, 2007. Prior to moving there, she underwent a six-week period of training in one of the Dublin stores.
She alleged the remarks made by the store manager in the Sligo shop included remarks about “what a good body” she had and that she should be using it more in her position.
He asked her to stop wearing the company uniform and said if she started wearing skirts with high heels she would find that it would be more advantageous to her for interacting with both staff and customers.
Referring to another meeting in the store manager’s office where disappointing sales figures were discussed, the woman said the store manager had told her she should go onto the shop floor and “get your tits out”. Her relationship with him had deteriorated from this point.
In late November 2007, the woman informed the store manager that she was pregnant. Her position, which he contradicted, was that he had asked her during the conversation what contraception she was using and if she had become pregnant deliberately.
She eventually went on sick leave after the store manager told her that her performance was so poor he had spoken to the regional manager about it and they both no longer wanted her as showroom manager. It would be better if she sought an alternative job.
She was on certified sick leave from August 29th, 2008, citing stress. She submitted her resignation on September 28th 2008 and provided a medical cert to cover her four-week notice period.
The tribunal said it was satisfied the store manager made “inappropriate remarks” to the woman during the autumn of 2007.
“These remarks were unwelcome and could reasonably be regarded as sexually offensive, humiliating or intimidating.”
The tribunal said that after hearing the store manager’s evidence, it did not feel there was any “sinister” motive on his part in making the remarks he had made.
Nonetheless, they were “entirely inappropriate” and “entirely capable” of being interpreted by the claimant in the manner that she did.
When a human resources manager had become involved, her “immediate conclusion” without even talking to the complainant about the matter, was that his actions towards her were “honest” and that he was genuinely trying to help her.
It said the human resources manager “should have recognised that, potentially, she was dealing with a serious case of sexual harassment, and at the least should have assessed and taken into account of how the claimant had been affected” by the remarks.
The tribunal said it was satisfied the human resources manager, rather than remaining impartial, had taken the side of the store manager.
She could then have had “no confidence” in the human resources manager’s ability to deal with any issues on her behalf. While the tribunal said it was not convinced the claimant's health problems were attributable to the company, it was nevertheless satisfied that the breakdown in the working relationship led to a situation that was “intolerable” for her.
It said that in the particular circumstances, it was satisfied it was reasonable for her to terminate her contract when she did, and that the company’s handling of the claimant was “unreasonable”.
In another case, Harjeet Singh, Shannon, Co Clare, who was employed as an electrical winder at Shannon Aircraft Motor Works, failed in an unfair dismissals case taken against his employer after he was seen driving a taxi while he was on sick leave.
An unfair dismissals case taken by Jennifer Rowan of Tannery Road, Rathangan, Co Kildare against Coal Services International Ltd of Prosperous, Co Kildare also failed.
The tribunal found that Ms Rowan “fundamentally breached her contract” by using the internet at work. The company told the tribunal it did “not tolerate internet use” and that it had been “compromised” in the past and lost “very many man hours”.
In another case, Diarmaid Kiely of Clonmel, Co Tipperary was awarded €6,000 in compensation under the Unfair Dismissals Act against Newpark Stud, Clonmel, a greyhound stud and kennels.
The tribunal found the words “get the f*** out of here” used by the respondent, Sean Bourke of the kennels, were “a means of dismissal”.
It said, however, that by taking into account all the evidence presented at the hearing, including Mr Kiely’s lack of experience in relation to dogs and the “poisoned” relationship between the parties, the unfairness of the dismissal was attenuated and fair procedures were not observed.