WRC criticises employer for failing to suspend alleged perpetrator and for leaving victim unsupported for over a year.
Introduction
A hospital employee has been awarded €86,717 in compensation after the Workplace Relations Commission (WRC) found she was subjected to repeated and escalating sexual harassment by a senior colleague — and left without meaningful employer protection for over a year.
The case highlights both the seriousness of sexual harassment under the Employment Equality Act 1998 and the significant liability employers face when they fail to respond appropriately to complaints.
Repeated Harassment Over 12 Months
The complainant, a junior hospital pharmacist, told the WRC that the harassment began in May 2023 and continued throughout 2024.
Examples included inappropriate and sexualised remarks, comments about her physical appearance, and ultimately, the senior pharmacist showing her an image of naked genitalia while they were alone in an office.
The senior colleague admitted in writing that the behaviour was inappropriate and “intimidating”, though he attempted to describe aspects of it as “office banter”.
The WRC adjudicator firmly rejected this characterisation.
Employer Response “Not Enough to Protect the Complainant”
The WRC expressed strong criticism of the HSE’s failure to:
- suspend the alleged perpetrator
- prevent continued contact between the worker and the harasser
- provide timely HR support
- interview the complainant until eight months after her formal complaint
- ensure a safe working environment during the investigation
Instead, the worker had to repeatedly move location while the senior pharmacist continued in his role with no sanction.
The adjudicator questioned where her right to natural justice and safety had been during this period.
Findings and Compensation
The WRC found:
- the harassment occurred exactly as described
- the employer failed to protect the worker
- the HSE was vicariously liable for the conduct
- the delays and lack of support compounded the harm
The complainant received €86,717, equivalent to one year’s gross salary — reflecting the seriousness of the wrongdoing and the employer’s failures.
Key Lessons for Employers
This case sends a clear message to all employers — public, voluntary, and private:
1. Immediate Action Is Required
Employers must act swiftly when harassment complaints arise. Delays increase risk, harm, and liability.
2. Safety Comes First
Protective measures — including temporary separation or suspension — should be considered where necessary.
3. Support Must Be Accessible
Employees reporting sexual harassment must have access to:
- a support contact person
- HR guidance
- clear, trauma-sensitive reporting pathways
4. Training and Policy Alone Are Not Enough
Policies must be implemented consistently. Failure to follow internal procedures will strengthen a claim.
Employment Matters View
At Employment Matters, we regularly assist employees facing harassment, and we help employers develop legally compliant, trauma-informed processes for handling complaints.
If you are experiencing harassment at work, or if your organisation needs guidance on response protocols, investigations, or policy reviews — we are here to support you.
📞 Speak to our specialist team in confidence
👉 www.employmentmatters.ie
