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 informed the Place of job Family members Fee (WRC) that he was once “elated” and in “top spirits” after the Dublin soccer group gained the “four-in-a-row” final yr.
He was once leaving paintings to wait the homecoming celebrations, and informed his feminine co-worker that he idea this “merits a kiss”, pointing to his cheek. He later described the remark as “merely banter”.
Alternatively, the feminine employee responded: “I’ll come up with a smack,” and made a proper grievance 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 had 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 informed that the chef had labored for his employer, a freelance catering corporate, for just about 3 years on the time of his dismissal.
Alternatively, he had most effective labored on location with the feminine complainant for 4 days when the incident befell. He had prior to now requested her to visit the cinema with him, however she had rejected the be offering.
Later that evening, he mirrored at the alternate and concluded that he could have carried out one thing “no longer suitable”. He informed the WRC that he had stated “the flawed factor to the flawed individual”.
In his choice, WRC adjudication officer Eugene Hanly famous that the corporate had a zero-tolerance coverage on harassment and sexual harassment. Alternatively, he stated that this sort of coverage runs the danger of no longer having regard to the gravity of particular person instances.
“I’ve thought to be those cases and conclude that they had been at the very low scale of conceivable harassment or sexual harassment,” he mentioned.
There was once no proof that the chef were power or challenging in his manner against his feminine colleague, and the sanction of dismissal was once “wholly disproportionate”, in step with Mr Hanly.
“I in finding no foundation for the verdict to brush aside. I in finding that the punishment does no longer are compatible the crime. Choices to dismissal weren’t critically thought to be,” he stated.
The adjudication officer stated that there was once a “quite low degree of gravity” concerned within the case, and the verdict to brush aside the chef had “large implications” for his efforts to seek out employment.
Alternatively, Mr Hanly additionally famous that it was once flawed to have behaved in this sort of means after simply 4 days operating on the new location. He had contributed to his dismissal with this behaviour, he stated.
Discovering that the verdict to brush aside were each procedurally and substantively unfair, the adjudication officer ordered the catering corporate to pay repayment of €17,500 to its former worker.