A chef who was once sacked and accused of sexual harassment after asking a feminine colleague for a kiss when Dublin gained the All-Eire has been awarded repayment of €17,500 for unfair dismissal.
The avid GAA supporter instructed the Administrative center Family members Fee that he was once “elated” and in “prime spirits” after the Dublin soccer workforce gained the “4 in a row” remaining yr.
He was once leaving paintings to wait the homecoming celebrations, and instructed his feminine co-worker that he idea this “merits a kiss”, pointing to his cheek. He later described the remark as “merely banter”.
Then again, the feminine employee responded “I’ll come up with a smack”, and made a proper criticism of sexual harassment.
The chef was once right away suspended on complete pay pending the end result of an investigation into the incident. 3 witnesses have been interviewed as a part of this procedure, and a choice was once taken to brush aside him.
An adjudication listening to of the WRC was once instructed the chef had labored for his employer, a freelance catering corporate, for nearly 3 years on the time of his dismissal.
Then again, he had simplest labored on location with the feminine complainant for 4 days when the incident came about. He had up to now requested her to visit the cinema with him, however she had rejected the be offering.
‘Now not suitable’
Later that evening, he mirrored at the alternate and concluded that he could have achieved one thing “now not suitable”. He instructed the WRC he had stated “the fallacious factor to the fallacious particular person”.
In his choice, WRC adjudication officer Eugene Hanly famous the corporate had a zero-tolerance coverage on sexual harassment. Then again, he stated that any such coverage ran the chance of now not having regard to the gravity of person circumstances.
“I’ve regarded as those cases and conclude that they have been at the very low scale of conceivable harassment or sexual harassment,” he said.
There was once no proof the chef have been chronic or hard in his manner in opposition to his feminine colleague, and the sanction of dismissal was once “wholly disproportionate”, in step with Mr Hanly.
“I to find no foundation for the verdict to brush aside … Choices to dismissal weren’t severely regarded as,” he stated.
Mr Hanly additionally famous that it was once flawed to have behaved in any such means after simply 4 days running on the new location. He had contributed to his dismissal with this behaviour, he stated.
Discovering that the verdict to brush aside have been each procedurally and substantively unfair, the adjudication officer ordered the catering corporate to pay repayment of €17,500 to its former worker.