A Waterford hotel has been ordered to pay a former chef a sum of €20,000 over its failure to adequately address complaints that she was being sexually harassed by a male colleague.
The Workplace Relations Commission directed the Greenway Manor Hotel in Kilotteran, Waterford to pay the compensation award to the chef, Nadine Harty, who had resigned from her job over the matter.
The WRC ruled that Ms Harty had been harassed and sexually harassed and subjected to discrimination by the hotel on grounds of gender in relation to her conditions of employment under the Employment Equality Act.
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It further found that it was reasonable for Ms Harty to have resigned given she had been subjected to humiliating and degrading treatment.
The WRC heard Ms Harty had resigned as a "prep chef" in February 2022 after just seven months in the job.
Counsel for Ms Harty, Alan Crann BL, claimed the conduct by the co-worker constituted persistent sexual harassment which significantly impacted on his client’s employment conditions and mental health.
In evidence, Ms Harty stated numerous complaints that she had made about her male colleague which began shortly after she had started working at the hotel in June 2021 were not addressed.
The WRC heard the behaviour began with inappropriate lewd comments and went on to physical unwanted conduct including blowing in her ear and grabbing her around the waist and wrists.
Ms Harty said she just froze and was in shock when it happened.
She said the chef also whispered in her ear, blew on her neck and made totally inappropriate comments about underage girls.
On one occasion, Ms Harty said she was bitten on her shoulder.
She said she had initially raised the matter informally with the hotel’s head chef and had asked in writing for the issue to be sorted quietly.
However, Ms Harty said she received no response from the hotel and made further complaints in July 2021 which were also not addressed.
Eventually she said she was informed by the hotel’s head chef that the other chef was "gone."
She added: "Not that any action was taken against him but he was just 'gone'."
She subsequently met a senior director of the business, identified only as Mr J, whom she claimed was apologetic and said he had known nothing about what had gone on.
The WRC heard that the atmosphere in the hotel kitchen was lighter after the chef had gone but that Ms Harty remained very upset at how the Greenway Manor had not acted upon her complaints.
However, counsel for the hotel, Shaun Boylan BL, claimed it had not ignored the matter.
Mr Boylan said not only were the issues raised by Ms Harty not tolerated or condoned but that she was aware of the actions taken by the hotel.
He told the WRC that complaints she had raised in July 2021 with the request that they could "all be sorted quietly" were forwarded to Mr J by the hotel’s acting manager.
Mr Boylan claimed Mr J contacted Ms Harty’s line manager about the serious nature of the situation and they agreed to take a number of actions and monitor the situation.
The line manager told Mr J that he had not witnessed anything about the issues raised by Ms Harty.
Mr Boylan said the hotel had placed her to work at the far end of the kitchen which was a significant distance away from the chef.
The WRC heard that Mr J also met the chef and outlined the complaints against him and asked him to stay away from Ms Harty.
Mr Boylan said the chef was taken aback by the nature of the complaints and had denied matters.
However, the director explained to the chef that conduct which he might consider appropriate might be regarded differently by others.
The WRC heard the director met the chef again after he was the subject of further complaints in November 2021 which resulted in the chef leaving the hotel.
In evidence, the director said because of the chef’s age they decided it was time for him to retire or leave the hotel’s employment.
Mr Boylan claimed the hotel was not responsible for any form of harassment suffered by Ms Harty.
The barrister argued that she was not constructively dismissed as the hotel had taken such steps as was reasonably practicable to prevent harassment or sexual harassment and also to deal with Ms Harty’s complaints when they were brought to light.
Mr Boylan also claimed that she had failed to offer any evidence or grounds to justify that she was constructively dismissed.
In her ruling, WRC adjudication officer, Gaye Cunningham, said Ms Harty’s evidence clearly showed the chef’s inappropriate conduct had the effect of violating her dignity and creating "an intimidating and degrading environment for her."
Ms Cunningham said the hotel could not dispute the alleged incidents took place as it had not carried out a full and complete investigation and she found Ms Harty’s evidence "very credible."
She was also satisfied the incidents were extremely serious in terms of their impact on Ms Harty personally and her working environment.
Ms Cunningham said was struck that nobody appeared to have consulted with the complainant.
The Greenway Manor Hotel is part of the Causeway Hospitality group which operates hotels, bars, restaurants and cafés in the Waterford area. It employs around 150 across 11 locations.
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