The Labour Court overturned an €18,000 award to a worker after allowing the company’s appeal against findings of gender discrimination in her conditions of employment and dismissal, and sexual harassment. It kept an order requiring the company to develop and implement a harassment prevention code within three months.
The worker said the company’s general manager made unwanted sexual advances and dismissed her after she rejected them. The company denied discrimination and said she was unsuitable for the role. The Equality Officer had also found no discrimination in training, harassment or victimisation; those findings were not challenged on appeal. The Court found her recollection of work events consistent, but said her evidence supporting discrimination was unclear and changed over time. Earlier statements did not mention harassment, she had not raised it with the company or Gardaí, and there were no witnesses. The Court concluded she had not established facts from which discrimination could be inferred. The determination was signed on 23 May 2010.