Pharmacist who was shown graphic images of genitalia by male colleague awarded almost €90,000

WRC adjudicator Conor Stokes awarded the pharmacist compensation of €86,717 for the effects of discrimination.

A hospital pharmacist who was failed by the HSE after she was shown graphic images of male genitalia by a work colleague has been awarded almost €90,000 in compensation for discrimination.

She had made a formal complaint of sexual harassment against the senior pharmacist in June 2024, informing the HSE of at least seven incidents that had occurred since May 2023.

These included one occasion when the man had shown her a photo of two women and asked her which she thought was prettier. He zoomed in on one with large breasts and said he preferred her because of these.

When she was telling colleagues about a house she was viewing, the senior pharmacist showed her on Google Maps that his home was nearby, and told her that he would be able to see her showering in her new bathroom.

It was after he showed her “graphic images” of male genitalia when they were alone in the pharmacy together on June 20, 2024, that the woman made a formal complaint of sexual harassment to her line manager.

She sought a formal investigation, outlining seven incidents of alleged sexual harassment. An interview regarding her complaint did not take place for eight months, the Workplace Relations Commission (WRC) was told.

Steps were taken to limit her contact with the senior pharmacist, but he continually breached these safeguarding directions, coming into her office even though he was told not to by human resources.

Stress leave

The woman was forced to take stress leave on two occasions because she was encountering him so much in the workplace. She was moved several times but the senior pharmacist continued to work in the same place and no action was ever taken against him, she claimed.

The HSE told the WRC it accepted that not enough was done to protect her but argued the senior pharmacist was entitled to due process, natural justice and fairness.

WRC adjudicator Conor Stokes questioned “where was the complainant’s entitlement to due process and natural justice and fairness, and the right to a safe working environment?”

He noted that, 13 months after the complaint was received, no disciplinary action had been taken by the HSE against the alleged offender.

He said a reasonable employer would have placed the man on paid leave while matters were investigated.

He concluded that the woman had been discriminated against on the basis of gender.

Mr Stokes awarded the pharmacist compensation of €86,717 for the effects of discrimination, the equivalent to one year’s remuneration. He also ordered the HSE to disregard the time she spent on stress leave for the purposes of calculating her sick leave entitlement in future.