WRC Finds Former Employee was Sexually Harassed, But Caps Award at €13,000

The Workplace Relations Commission (“WRC”) in Jasmine Olaru v Remo Foods Limited t/a Domino’s Pizza (ADJ-00044923) found that the Complainant was sexually harassed and discriminated against on the basis of her gender during her employment with the Respondent. Her victimisation complaint was also upheld.

Facts: The Complainant worked as Floor Staff for the Respondent starting on 9^th February 2022, but she resigned later that year. She complained that she was discriminated against on the grounds of gender and age; harassed; sexually harassed; and victimised during her employment. It was submitted that she “suffered a continuum of discrimination throughout her employment”, with the last incident of discrimination having occurred on 19^th September 2022.

The Complainant argued that as her evidence was uncontested and because the Respondent did not provide any witness to rebut her evidence, an inference of discrimination must be inferred and accordingly she met the burden of proof under section 85A of the Employment Equality Acts. It was submitted on her behalf that as the discrimination and sexual harassment were perpetrated and/or witnessed by members of management, the Respondent was on notice of same.

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