A recent decision of the Equality Tribunal shows the need for employers to be aware of actions of all employees and to set down strict guidelines of permissible activities within the work place. The case also highlights the fact that due notice should be taken of all complaints made by employees and the correct redress available.

A female employee took an action against her employer, Coras Iompar Eireann (CIE) alleging that she was discriminated against on the grounds of gender in relation to her conditions of employment and access to promotion, and harassed by her employer on the same ground contrary to the Employment Equality Acts. The employee argued that she was given a “dummy job” and that a less experienced and less qualified man was being groomed in her place. The employee also claimed to have been left with no official title, no budget and no one to report to her. She was excluded from all meetings and given an office in a damp basement. The employee also claimed that she was victimised for making a complaint of discrimination on grounds of gender to CIE’s HR department. The problem for the employee was that the person about whom she was complaining was not only her supervisor, but also her HR manager.

The employee’s claim was upheld by the Equality Tribunal and she was awarded €189,000, €63,000 of which was directly attributable to the victimisation. The Equality Tribunal also ordered that CIE provide the employee with meaningful work consistent with the employee’s skills and also provide for mediation between the employee and her colleagues with a view to restoring working relationships.

The case is important because it highlights the fact that an employee should have a secondary independent person to whom they are able to make complaints.  It is paramount that employers review procedures on a regular basis and seek guidance on these issues if necessary.