€20,000 Award in Favour of Employee Who Suffered Third-Party Harassment

The Labour Court recently examined a claim of harassment by an Employee who was subjected to gender-based harassment by customers in the course of her employment at a casino. Notably, the harassment was not perpetrated by colleagues or fellow Employees, but by male customers who subjected the Complainant to physical and verbal abuse, creating an intimidating, hostile and offensive working environment. The Court confirmed that the fact that the perpetrators were customers rather than Employees was irrelevant, as the Respondent had a duty to protect its Employees from discriminatory treatment in the workplace.

The Respondent sought to rely on the reasonable steps defence, arguing that it had taken measures to address the situation, including welfare meetings and restricting certain customers from attending the Complainant’s table. However, its defence was ultimately undermined by the lack of evidence demonstrating that an effective anti-harassment policy was in place and had been communicated to Employees at the time of the incidents. The Court also found insufficient evidence that meaningful steps had been taken to protect the Complainant or prevent the harassment from continuing.

The Court found that the Complainant was subject to discriminatory treatment on the gender ground when she was subject to harassment in the workplace by male customers and further directed the Respondent to pay the Complainant €20,000 in compensation.

To rely on the reasonable steps defence to an allegation of harassment, Organisations should implement, regularly communicate and provide training on clear anti-harassment policies, while ensuring complaints are taken seriously, investigated promptly and addressed through appropriate protective measures, including where the alleged harasser is a customer or other third party.

To learn more about partnering with Adare Trusted People Partners’ Leading HR & Employment Law Experts, please contact Neil McCormack nmccormack@adarehrm.ie today.