Gordon Deegan
The owner of a beauty and hair salon has been ordered to pay €25,000 compensation to a beauty therapist he is found to have sexually harassed.The beauty therapist had previously been victim of a rape in another country and told her psychiatrist that the inappropriate touching by her boss had triggered memories of the rape.
At the Workplace Relations Commission (WRC), Adjudication Officer, Thomas O’Driscoll has upheld the woman’s claim for sexual harassment against her former boss.
Mr O’Driscoll found that the woman was subject to unwanted physical contact of a sexual nature and that the actions of her boss constituted "an intimidating, hostile, offensive, degrading and humiliating work environment" for the woman.
The adjudication officer found that the effects of the sexual harassment on the beauty and holistic therapist “are quite significant”.
The woman told the WRC that previously she had been a victim to rape and sexual assault in another country and the perpetrator had been jailed.
Mr O’Driscoll stated that the complainant had been receiving treatment and counselling resulting from the serious sexual assault in another country, but the fact of the her “vulnerability and previous medical condition does not lessen the liability of the respondent for the effects of the inappropriate behaviour”.
In the case, the woman alleged sexual harassment against her former boss on two separate dates including a work night out.
Local pub incident
She stated that on July 27th 2019, there was a hurling match on TV and staff agreed to go to a local pub to watch it.
In one incident at the bar, she felt her boss’s hand’s brush across her breasts, when he was reaching for some drinks. She said that she could not be certain as to whether it was accidental.
In the second incident, she alleged as that she was walking down a corridor in the pub, her boss smiled at her and she smiled at him.
She stated that there was no verbal exchange, but he reached across and grabbed her left breast.
In the third incident, the woman stated that she was talking to the partner of a work colleague when she felt her boss touch her right breast. She said to him ‘stop it’ and he replied ‘I’m going to fire you’.
On August 30th at the workplace, she stated that as she was carrying out a work task by a tanning bed, her boss came from behind her and caught her by her sides.
The woman didn’t return to work after September 7th 2019.
Recollection
All allegations of sexual harassment were vehemently denied by the owner of the salon.
On the allegations of sexual harassment at the pub, Mr O’Driscoll found that the complainant “gave credible evidence to the best of her recollection”.
Mr O’Driscoll stated that he preferred the complainant's evidence over that of the salon owner.
There were no witnesses to corroborate the evidence in relation to the incidents that happened in the public house. He stated, however, the attitude of the salon owner towards a very serious allegation, that amounted in essence to an allegation of sexual assault, to be somewhat blasé.
Mr O’Driscoll stated: “I don’t believe it to be a credible proposition that the Complainant would, or could, conjure up a detailed account of incidents and locations, without there being substantial authenticity attached to her claims.”
