TOPIC 8: CASE LAW Flashcards
Williams v Leeds United Football Club [2015] EWHC 376 (QB)
English High Court found that the sending of pornographic images from his work email to a junior female employee could have led to a claim of harassment against the club
what is harassment
Dec-E-2007-018 Odion v Techniform (Waterford) Ltd -
isolation, nigerian worker
what is harassment
Dublin Bus v McCamley EDA164 (Labour Court):
Highlighted the need for a comprehensive social media policy
Harrassed by another colleague - posting comments on facebook, outside working hours
As long as it is between two employers, it does not need to be during working hours, just during employment
what is harassment
ADJ-00012695 A Butcher v A Supermarket
sexual harassment
note the WRC decision regarding conduct
Student on work experience complained that the butcher toucher her lower back
Butcher was suspended and investigated for serious misconduct
He claimed unfair dismissal
CCTV footage - she claimed he rubbed her, this was dismissed
EDA2128 – MBCC Foods Ireland Limited T/A Costa Coffee v Ms Shauna Quilty
sexual harassment
Groupchat made for purpose for an xmas party
Manager posted a picture to the groupchat “what about shana?”
Sexual harassment was found
ADJ-00020222 An International Sales and Marketing Executive v A fashion company
what is harassment
Complainant was working as a design graduate
Chief executive contacted her through her social media with an inappropriate message
She turned him down he continued to message outside of work hours
He arranged an event and requested that she travelled with him (travelling to Brazil)
When she arrived there, there was no work needs - false pretences
He was giving her extensive gifts, downloaded her intimate photos without her knowing
She was not being paid - we was responsible for her visa and threatened to take that away
Breach in legislation was found and sexual harassment - manipulation
DEC-E2004-068 Ms A v A Contract Cleaning Company
Cleaner was suspect to harassment by a security guard who was working in the same centre but he was employed by another company
Crude comments, pinned her against wall and slapping her bottom, pulling up her clothes
Reported to the guards
awarded 21,000
who are the harasserds
what I she workplace
Waterford Institute of Technology and Louise Walsh EDA1931 (Labour Court, 13th Sept 2019)
what is the workplace
Female lecturer harassed by male students
Various comments and crude questions
Reported to the university - adequate steps were not taken
WIT was liable
DEC-E2004-011- Ms A v A Gym
Comments about her body were made by coworkers including managing director
She had to take time off work
awarded 1000euro
Maguire v North Eastern Health Board, DEC-E2002-039
Equality Tribunal determined that harassment which took place at an office Christmas party constituted discrimination within the scope of the legislation. In this case, the complainant successfully argued that he had been discriminated against on the grounds that he was a member of the Traveller Community. He also successfully argued that he had been subject to harassment for this at the Christmas party, on the basis that he was referred to by a colleague as a “knacker”.
harassment extends to xmas parties, conferences etc
DEC-E2006-026 BH v A Named Company
woman was harassed by number of taxi drivers that were used by the employers
who are the harrassers
Atkinson v Carty & Others [2005] 16 ELR 1
employer liable for harassment by an accountant the company used
who are the harasses
Ms O’N v An Insurance Company,DEC-E2004-52,
the respondent was found not to be liable for sexual harassment that occurred at a social club function, which was part-funded by the employer. The Tribunal concluded that, while an incident of sexual harassment did occur at a pub quiz, on the night in question the complainant had not been attending the social club in the course of her employment.
A Female Employee v A Recruitment Company,DEC-E2008-015
the complainant received lewd and sexually suggestive texts from her manager after a work night out.
