Decision Date: 11 June 2024
Adjudication Officer: Valerie Murtagh
Award: €10,000
Legislation: Employment Equality Acts 1998–2021
Grounds: Gender Discrimination, Harassment, and Discriminatory Dismissal

Case Summary

A male cleaner, a former soldier, was employed by a cleaning contractor providing services at a Dublin army barracks. During lunch, his supervisor (Ms A), an area manager, expressed romantic interest in him. When he declined, their working relationship “went downhill rapidly.”

Within weeks, Ms A began criticising his performance and uniform, particularly his choice of “form-fitting cycling leggings.” Despite having completed probation, the cleaner was abruptly informed of an extension, then dismissed the next day.

The employer claimed dismissal was due to poor performance and conduct, denying any harassment. The worker argued he was dismissed because he rejected Ms A’s advances.

WRC Findings

• The adjudicator preferred the worker’s evidence, finding his account more credible and consistent.
• The supposed performance issues were “spurious” and arose only after the rejection.
• Employer’s documentation (audit sheets, uniform complaints) was unsupported by witnesses and not persuasive.
• The dismissal was “not unconnected” with the harassment and therefore discriminatory.

Outcome:

• Harassment and discrimination on grounds of gender established.
• Dismissal deemed discriminatory.
• Compensation awarded: €10,000 for the effects of discrimination.

Award Breakdown

Breach	Act	Compensation (€)
Harassment & Discriminatory Dismissal	Employment Equality Acts 1998–2021	€10,000

Bloom Consultancy Takeaways

Gender-neutral enforcement: 

This case highlights that sexual harassment protections apply equally, regardless of gender, men can and do succeed in such claims.
Boundaries & professionalism: 

Managers must receive annual Dignity-at-Work training to understand appropriate conduct and the repercussions of personal advances.
Probation extensions post-conflict:

Extending probation immediately before dismissal can appear retaliatory and will be closely scrutinised.

Evidence integrity: 

Unsupported or retrospective documentation carries little evidential weight.

Reporting structures: 

Organisations must maintain clear, independent reporting routes for harassment claims, especially where supervisors or area managers are involved.

Policy & culture: 

Reinforce your Dignity at Work, Equality, and Grievance policies with regular Bloom Academy refresher training to prevent risk and reputational damage.

This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.