The Labour Court allowed a worker’s appeal against an Equality Officer’s finding and ordered Tesco Ire Ltd to pay €8,000 in redress and apologise. The determination was signed on 30 August 2005. The appeal concerned alleged sexual harassment and sex discrimination at a North Dublin branch.
The part-time sales assistant said a male colleague subjected her to unwelcome physical and verbal sexual harassment. Tesco Ire Ltd said its investigation found insufficient evidence and that it had offered to transfer her or reschedule her hours. The Equality Officer had found the complaint unsubstantiated and concluded the company had not discriminated.
The Labour Court found that incidents had taken place and that the company did not act promptly or in line with its own harassment policy. It found the company failed in its duty of care and allowed discrimination, and allowed the appeal on the balance of probabilities.