The Workplace Relations Commission (WRC) has awarded €22,500 in compensation to a financial services manager who was unfairly dismissed after sending a sexually explicit text from a colleague’s phone “as a joke.”
The tribunal ruled that while the behaviour amounted to sexual harassment, the company’s handling of the case was deeply flawed. It also found the employer went too far in treating the incident as “serious sexual harassment at the highest level.”
What Happened
In January 2024, the manager took a female colleague’s phone from her desk and sent her husband a vulgar WhatsApp message. He admitted it immediately and claimed it was only a joke.
The colleague reported the incident to the CEO, saying both she and her husband found it offensive and disgusting. The CEO suspended the manager with pay.
During the investigation, another employee revealed a similar incident from 2022, when the same manager had posted inappropriate messages from her device while she was on holiday. She had been annoyed at the time but chose not to pursue it further.
The WRC’s Findings
WRC Adjudication Officer Catherine Byrne found that:
- The manager’s actions amounted to sexual harassment.
- However, the company’s investigator exaggerated the severity of the behaviour.
- The employer unfairly relied on the 2022 incident, despite having taken no action at the time.
- The disciplinary panel spent as little as 20 minutes considering the manager’s defence before dismissing him.
Ms Byrne concluded that the dismissal process was unfair and disproportionate. She upheld the manager’s complaint under the Unfair Dismissals Act.
The Award
The manager sought compensation for €73,500 in lost wages, saying he had been unemployed for six months and was now earning €314 less per week.
The WRC awarded €22,500 — around 30% of his losses — to reflect the seriousness of the misconduct while still recognising that his dismissal was unfair.
Why This Case Matters
This decision highlights two important lessons:
- Employee behaviour matters. Inappropriate jokes in the workplace can still amount to harassment and carry serious consequences.
- Process matters just as much. Employers must run a fair, balanced, and thorough investigation before making a decision as serious as dismissal.
👉 If you believe you were unfairly dismissed or treated without due process, Employment Matters can help.
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