Worker repeatedly called 'Mama, Beautiful Mama' compensated for boss's sexist behaviour

At the Workplace Relations Commission, the Managing Director’s employer, a medical devices manufacturer, has been ordered to pay the woman €8,400 for gender and family status discrimination and unfair dismissal.

A Dubai-born boss repeatedly called his female Office Manager here ‘Mama, Beautiful Mama’ and told her that he would speak to her husband about her show of disrespect to him.

At the Workplace Relations Commission (WRC), Adjudicator, Joe Donnelly, has told the Managing Director’s (MD’s) employer, a medical devices manufacturer to pay the woman €8,400 for gender and family status discrimination and unfair dismissal.

In the case, the Office Manager stated that at her interview for the post, her boss asked her questions “that were inappropriate and discriminatory”.

The Office Manager stated that some of the questions asked by the MD at interview in July 2016 included - ‘Was she married?’ ‘Did she have children?’ ‘How many?’ ‘Was she planning to have more children?’ The complainant also said that her boss asked her ‘What age was she?’ ‘Why did she look younger than her age?’ ‘Did her husband have a good job?’ and ‘Were they happy?’ 

The Office Manager told a Workplace Relations Commission (WRC) hearing that at the start of her employment, she told the MD that these questions were wholly inappropriate and the MD had replied to the effect that he was not familiar with Irish law.

In one flash point in the working relationship between the two at a trade show in Dubai, the Office Manager told her boss to ‘F***-Off’ due to what she regarded as his "extremely intimidating and erratic behaviour".

This included him ignoring any contribution made by her to a conversation at which he was present, clicking his fingers at her and forcing her to move aside when she was explaining the use of products to male colleagues.

The Office Manager, represented by solicitor, Robert Jacob of Co. Wexford firm Jacob & Twomey Solicitors, stated that in response to swearing at her boss the MD told her “that he wished to speak to her husband about this show of disrespect”.

The MD's testimony

At the hearing, the MD told WRC Adjudicator, Joe Donnelly, that the complainant telling him to f*** off would be considered a crime in Dubai, but he did not do anything about that.

The company told the WRC that the remarks complained of by the Office Manager “would not be considered offensive in the country where the respondent was based”.

The MD also stated that questions about family which had been asked at interview were considered normal in his country.

In relation to the MD repeatedly referring to her as ‘Mama Beautiful Mama’, the Office Manager told the WRC hearing that she objected to being addressed in this manner and that it was unprofessional in a business environment, but the MD continued to use those words.

The MD said that he viewed this remark as a form of compliment as in his culture a mother was the most respected member of the family.

The company stated that it was invited to set up business in Ireland by a Government agency here. Most of the company's employees had their employment terminated in 2018 when the company couldn't get regulatory approval for their products.

The adjudicator's ruling

In his findings concerning the use of 'Mama Beautiful Mama', Mr Donnelly said: "Even allowing for cultural differences, it is fundamentally wrong for someone to keep using a phrase or term that the recipient has made clear that they find offensive."

In finding that the medical device company had discriminated against the woman on gender and family status grounds, Mr Donnelly stated that the employer’s response that certain remarks and behaviour were due to cultural differences does not explain or excuse the making of such remarks or the committing of such behaviour.

Mr Donnelly said: “It is surely the prerequisite of any business setting up in another country to seek advice on the laws and customs that prevail in that country.

“Such a response, therefore, does not discharge the onus and consequently I find that the respondent engaged in discriminatory behaviour in relation to the complainant on the grounds of gender and family status.” Mr Donnelly ordered the medical device company to pay €6,000 in compensation for the discriminatory behaviour against the woman based on gender and family status.

Mr Donnelly also ordered the company to pay the woman €2,400 for her unfair dismissal.

Concerning the unfair dismissal on May 4, 2018, Mr Donnelly found that the selection of the complainant for redundancy was seriously flawed. The woman secured alternative employment on May 14, 2018.

Mr Donnelly found that the part of the discrimination complaint concerning the questions at the job interview was statute barred under the legislation as it took place in July 2016.