Woman awarded €50,000 after male colleague tried to pull down her trousers in front of co-workers

Following the incident, the complainant alleged her co-worker proceeded to joke and mimic about what he had done to the other employees

Ms O'Brien reported the incident to the Gardai and attended a counsellor, remaining unfit to work. Picture Colin Keegan, Collins Dublin

A woman who suffered "extreme distress and trauma" after a male colleague attempted to pull down her trousers in an open office has been awarded more than €50,000 by the Workplace Relations Commission.

Ordering the maximum sum possible to the worker, the commission found that Deadline Direct Ltd, trading as Deadline Couriers failed to put harassment prevention measures in place before the sexual assault happened.

Heard by WRC adjudication officer, Breiffi O'Neill, the commission was told that in May 2021, complainant, Charlotte O'Brien, an office worker at Deadline Direct Ltd was leaning against a wall with her hands full when a male colleague, referred to as Mr X, came up behind her and tried to pull her trousers down in front of several other male colleagues. 

According to Ms O'Brien, Mr X then proceeded to mimic and joke about what he had done to other female workers while no male colleagues assisted the complainant, with the harassment following a string of comments made over several months by Mr X concerning Ms O'Brien's weight and appearance.

Ms O'Brien added that she reported the incident to the Day Manager, who did not tell her to go home, instead telling her that it would have to be reported to the CEO, with Mr X still in his seat having not been told to leave by the time Ms O'Brien returned upstairs.

The complainant also said that she was advised that the matter was "very serious," and that an investigation would be completed by the 10th of June 2021, however, by June 15th, the matter had not yet been resolved, leading to the company apologising to Ms O'Brien.

On June 17th, Ms O'Brien commenced a period of sick leave due to the assault, however, the respondent stopped paying her after a few weeks. When she asked why, she received a reply that day asking when she would come back to work as she had been paid "for the last number of weeks in good faith". On the 2nd of July, Ms O'Brien was formally interviewed by the company accountant, Austin Bergin.

Ms O'Brien reported the incident to the Gardai and attended a counsellor, remaining unfit to work.

Represented by Mr Sean D. Foley of Century Law, the Dublin courier accused Ms O'Brien of not fully engaging in the grievance process, namely, both the mediation process and the investigation into her complaint of sexual assault. 

The respondent added that the investigation process was "complicated by the Complainant’s failure to engage with the Investigator, her refusal to engage in a mediation process and by Mr X’s reluctance to provide evidence to the investigation before he had resigned from his position."

Adjudication officer, Mr O'Neill also added that it was "bizarre" that the company suggested a mediation instead of an investigation, given the allegation of a serious sexual assault, with Mr Bergin being described by Mr O'Neill as not having any expertise in these matters or had carried out similar investigations in the past.

During the hearing, company accountant, Mr Bergin left before it finished, explaining that he did not realise that "it would take so long."

Representing the company, Mr Foley said that there were no prior allegations made against Mr X prior to May 2021, and that such a "unique" incident "could not have been reasonably foreseen."

In his decision, Mr O'Neill found that the company's handbook presented no evidence of a clear and distinct policy on sexual harassment, adding that the respondent failed to rebut the prima facie case of discrimination established by the Complainant.

Mr O'Neill added that Ms O’Brien had done what was asked of her in the company investigation and that she offered "uncontradicted and wholly credible evidence" to the WRC.

Mr O'Neill ordered the company to pay the maximum compensation to Ms O'Brien, totalling a sum of €50,440.