€12,500 Settlement for Workplace Harassment (Race)

An Asian recruitment consultant received a settlement of €12,500 after experiencing racial harassment in their workplace.

Background

The employee had been working on a six-month contract in the talent acquisition department of a large food retail company. The work environment was predominantly white-Irish. Initially, their experience was uneventful, but it soon deteriorated into a hostile atmosphere.

One month into their role, casual office banter began targeting our client with remarks carrying racist undertones related to immigration in Ireland. Despite respectfully asking for the comments to stop, the situation worsened, and our client was labelled a "non-team player."

When the issue was raised with their manager, the response was dismissive. The manager brushed off the behaviour as cultural differences, suggesting that our client avoid isolating themselves from the team and reminding them of the temporary nature of their contract.

Escalation of Harassment

Trying to focus on their work, our client endured the hostile environment. However, three months into their employment, a meme circulated in the office depicting an "Indian person riding a donkey," accompanied by an inappropriate sexual comment.

Deeply offended, our client requested the meme be deleted, but co-workers dismissed the complaint as oversensitivity. Feeling unsupported and devalued, our client filed a formal grievance with their manager in writing. This grievance went unanswered for five days.

Seeking External Advice

Disheartened, our client sought legal advice from a solicitor. Unfortunately, they were told the evidence—primarily the meme—was insufficient for a strong case. The solicitor argued that the meme was not explicitly directed at our client and that the racial aspect could be interpreted as incidental, making the case unlikely to succeed.

How WorkplaceDisputes.ie Helped

Unwilling to give up, the client reached out to WorkplaceDisputes.ie for a second opinion.

1. Reviewing Documentary Evidence
   We conducted a thorough review of the available documentation, uncovering an earlier email sent by our client to their manager about the racially charged banter. This established a pattern of behaviour and strengthened the case. (Harassment does not have to be a one-off incident to be actionable, but context is important)
2. Framing the Complaint
   We reframed the complaint, emphasising the employer's failure to act reasonably and fulfil their duty of care. The evidence demonstrated that the company failed to investigate the client's concerns, intervene to stop the harassment, or foster a respectful workplace.
3. Submitting the Case to the WRC
   Recognising the employer's significant failings, we filed a formal complaint with the Workplace Relations Commission (WRC). This ensured the employer was notified and compelled to address the situation.
4. Preparation for Mediation
   We worked closely with our client to meticulously prepare for mediation, organising the evidence and ensuring every detail supported their claim.
5. Representation at Mediation
   At mediation, we presented a compelling case, demonstrating the employer's negligence and the impact on our client. The employer, faced with the strength of the evidence, agreed to a settlement of €12,500 plus reasonable costs.

Outcome

The settlement provided financial compensation and a sense of justice for our client, affirming their right to a respectful workplace. It also highlighted the importance for employers to address workplace harassment promptly and effectively.

How WorkplaceDisputes.ie Supported Its Client

1. Thorough Documentation Review
   We delved beyond the surface, uncovering key evidence that strengthened the case.
2. Strategic Framing of the Complaint
   By highlighting the employer's failures, we demonstrated clear breaches of duty pivotal to the resolution.
3. WRC Submission
   Our professionally prepared submission ensured the employer acknowledged the seriousness of the case.
4. Mediation Preparation and Representation
   We equipped our client with confidence and clarity, achieving a fair and equitable settlement.

Conclusion

This case demonstrates how WorkplaceDisputes.ie empowers employees to stand against workplace harassment and injustice. If you or someone you know is facing workplace challenges, contact WorkplaceDisputes.ie. We are here to provide expert advice, support, and representation to ensure your voice is heard and your rights are upheld.