A Co Armagh woman who suffered "dirty and distressing" sexual harassment as a teenager at the hands of her employer has been awarded £54,335.84.
Alona Forose worked part-time in the Scoopy Sweets and Ice-cream shop in Armagh in March 2017.
It was there that her employer Eugene Geraghty, 40 years her senior, sexually harassed her while she was working.
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Alona's mum went to the police and they reported the harassment, which set in motion a criminal case and eventually the Industrial Tribunal from which she won this judgement.
Following a criminal investigation, Mr Geraghty pleaded guilty to a single charge of common assault for which he received a suspended sentence, and he accepted a Risk of Sexual Harm Order.
The witness statements Alona had made to police were used as part of the evidence heard by the original tribunal, along with statements from her mother and friend.
It described her as a “calm, consistent and truthful witness,” while Mr Geraghty's evidence was described as "both evasive and unconvincing and lacked credibility".
He appealed the findings of that, with the Court of Appeal eventually upholding the original judgement in respect to the removal of the anonymity order, the use of special measures and the Tribunal taking account of factual evidence in respect of previous allegations.
The Court of Appeal reduced the amount of compensation awarded for injury to feelings and psychiatric injury and upheld the Tribunal’s award of compensation for aggravated damages.
Alona, now 21, said that it was important to her that she was "allowed to tell my story at last".
"This has been a long and difficult time for me and my family, but people need to know what Mr Geraghty did to me," she said.
"I am glad the Court of Appeal agreed that the Tribunal was correct to revoke the anonymity order from my case.
"I found Eugene Geraghty’s behaviour dirty and distressing. When I challenged it, he just said I was lying.
"I’d like other girls to know that you don’t have to put up with harassment, you can challenge it and you will be listened to.
"I’m so grateful to my family and friends and to the Equality Commission who helped me.
"I’m also grateful that the Tribunal supported me to ensure I didn’t come face to face with Eugene Geraghty while giving evidence or attending court, it made the whole experience less stressful."
The case was brought by the Equality Commission, which said Mr Geraghty's behaviour amounted to "unwanted conduct" that was "clearly sexual in nature".
"Her treatment by her former employer had both the purpose and the effect of violating her dignity and creating an intimidating, hostile, degrading, humiliating and offensive environment for her," said Chief Commissioner Geraldine McGahey.
"The Tribunal panel was unanimous in its decision that the verbal and physical incidents Alona described took place and that they met the definition of harassment laid down by law."
The Commissioner also paid tribute to the compassionate way in which the Tribunal handled Alona's case and the recognition from the Court of Appeal that this was the correct method.
"They used technology to allow Alona to give evidence in a separate room and did not permit Mr Geraghty to directly question her," she said.
"Instead, Mr Geraghty prepared a list of questions for the Judge, who then vetted the questions, and the Judge asked the questions directly of Alona.
"This was the first occasion this has happened in NI Tribunals, and we hope to see these measures continued to be used where appropriate.
“There is no doubt, this is a particularly harrowing case. Instances of sexual harassment and discrimination simply should not happen in any workplace, but we know they do.
"We must continue to challenge this unacceptable and illegal behaviour, and the culture of silence that often surrounds it. It must be eradicated, no employee should ever have to experience what Alona did."
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