A WOMAN has been awarded €7,394 in compensation after a manager at the Sligo hardware shop where she worked made “entirely inappropriate” sexual comments leading to an “intolerable” situation in the workplace.
The woman, who was working as a showroom manager, was awarded the sum against Homebase House and Garden Centre Ltd, Santry, Dublin 9, in a case of constructive dismissal heard by the Employment Appeals Tribunal earlier this year. The determination was published yesterday.
The claimant alleged the remarks made by the store manager in the Sligo shop included remarks about “what a good body” she had and that she should be using it more in her position.
He asked her to stop wearing the company uniform and said if she started wearing skirts with high heels she would find that it would be more advantageous to her for interacting with both staff and customers.
Referring to another meeting in the store manager’s office where disappointing sales figures were discussed, the claimant said the store manager had told her she should go onto the shop floor and “get your tits out”. Her relationship with him had deteriorated from this point.
The tribunal said it was satisfied the store manager made “inappropriate remarks” to the claimant during the autumn of 2007.
“These remarks were unwelcome and could reasonably be regarded as sexually offensive, humiliating or intimidating.”
The tribunal said that after hearing the store manager’s evidence, it did not feel there was any “sinister” motive on his part in making the remarks he had made.
A human resources manager who became involved “should have recognised that, potentially, she was dealing with a serious case of sexual harassment, and at the least should have assessed and taken into account how the claimant had been affected” by the remarks.
In another case, Patrick Kavanagh of Coolamber Drive, Cobh, Co Cork, was awarded €17,750 in respect of his unfair dismissal as a nightshift warehouse supervisor by BC Transport Ltd, Rathcormac, Co Cork.
Mr Kavanagh was the only employee to question a proposed pay cut to be imposed by his employer and was the only employee who was made redundant.