The Labour Court awarded a worker €17,000 after finding that she was discriminated against when her employment ended in circumstances amounting to constructive dismissal. The determination was signed on 28 February 2005.
The worker said the employer failed to properly investigate her complaint of sexual harassment and stopped paying her salary after 30 January 2003. The employer denied dismissing her and said it had acted appropriately. A separate complaint about the alleged harassment itself was before the Equality Tribunal.
The Labour Court found that the employer breached an agreement on paid leave, did not pay sick pay due under its policy, and failed to act on its doctor’s recommendation to use an outside intermediary. It found those reactions were directly related to the worker’s harassment complaint and undermined trust and confidence. The Court made no finding on whether the alleged harassment occurred.
The Court said the award reflected the worker’s 15 years of service, the stress, anxiety and indignity she suffered, and the need to deter future breaches.