Relationships Breakdown

It is also important to consider issues that may arise where workplace relationships break down. A cautionary tale from the Workplace Relations Commission underscores the importance of adopting a measured approach and to avoid “taking sides”

The case of Quinlan v Spencer Family Holdings (ADJ-00032408) in which the claimant was a secretary for the Respondent Company and she was also previously in a relationship with one of the company directors (who is the son of a senior director). The Claimant stated that, following the breakdown of her relationship with the director in June 2019, she was told by both the senior director in the firm and her former partner to "go home". She was subsequently dismissed allegedly due to “a downturn in the business” without any dismissal or redundancy processes being followed. The Claimant’s representative attributed her dismissal to the breakdown of the relationship and that the dismissal "did not reflect a work-based event". The Adjudication Officer found that the Respondent "fell seriously short of best practice and respect for the complainant both as an employee and [an] associated family member" and awarded the Claimant €22,000 in compensation for unfair dismissal.

Unrequited Love

Similarly, serious concerns also arise where romantic advances are not reciprocated and complaints of such nature need to be taken seriously by employers. Employers can be held liable in the Workplace Relations Commission or in the Circuit Court for the actions of employees who sexually harass others and employees can also be dismissed for sexual harassment. It should be noted that employee social events can be considered as the “workplace” and employers can be held vicariously liable for sexual harassment incidents at these events. 

As sexual harassment is a form of discrimination, employees who are subject to sexual harassment may bring a discrimination complaint to the WRC or the Circuit Court. It is a defence to such claims if an employer can show that they took reasonable steps to prevent harassment, which includes having an Anti-Harassment policy in place, provide training on the policy and take any complaints seriously.

Recent case law serves as a timely reminder of the need for clear policies, proper training, and proactive management when dealing with potential sexual harassment complaints.

In a recent case before the Labour Court in The Agricultural Trust and Ms Lynee Brien [ADE/20/32], the Court heard an appeal of three decisions of the WRC regarding claims under the Employment Equality Acts for discrimination on the grounds of gender, sexual orientation and sexual harassment in the course of employment. There was a further claim for victimisation for making a complaint of sexual harassment and a claim for constructive discriminatory dismissal. The Complainant argued that she was the subject of sexual harassment and that this led to her resignation from her employment.

The Court established that the key issue to be considered is the manner in which the Complainant’s allegation of sexual harassment in the workplace was dealt with by the Respondent and whether or not the Respondent could avail itself of the defences provided for Section 14A of the Acts. Under section 14A(2), an employer must be able to establish:

1. That it took such steps as were reasonably practicable to prevent the person from harassing or sexually harassing the victim; and
2. That it took such steps as were reasonably practicable to prevent the victim from being treated differently in the workplace or otherwise in the course of the victim’s employment and, if as any such treatment has occurred, to reverse its effects.

The Court found that the Respondent had a comprehensive Dignity at Work policy in place in respect of which all employees, including the Complainant and the alleged harasser received training in during their induction. Furthermore, the Court was satisfied that the Respondent carried out a comprehensive investigation of the allegations of sexual harassment raised by the Complainant against her alleged harasser with the result that some, but not all, elements of those allegations were upheld. 

In its decision, the Court found that the Respondent was entitled to rely on the defences provided in section 14A of the EEA and that the Complainant’s appeal regarding her claim of sexual harassment failed.

In a recent WRC case of An Employee v A Café (ADJ 00047296), the Complainant was awarded €12,000  following a claim that she was sexually harassed by her manager during a staff night out, with the Adjudicator finding that the incident fell within the scope of “in the course of employment” because the event was organised by staff and attended only by employees. The Respondent employer was held liable after failing to show it had taken reasonably practicable steps to prevent harassment. The managers lacked awareness of the policy, no training had been provided, and the Complainant had limited access to the employee handbook. The WRC concluded that the employer could not rely on the statutory defence under section 14A(2) of the Acts. This decision underscores the importance of robust policies, proper communication, and manager training, particularly where staff social events are involved.

Our top tips this Valentine’s Day

Here are some of our top tips to help you ensure that employee heartaches don’t become HR headaches:

• Workplace relationships may give rise to complaints involving bullying, harassment, discrimination or conflict of interest. Employers should review their employee handbook/policies to ensure that the appropriate procedures are in place to deal with any issues that may arise.
• In the event that a workplace relationship breaks down, ensure to take a measured approach and that any workplace issues or grievances that arise are dealt with promptly. It may be that it’s appropriate to consider new reporting lines or a departmental transfer, bearing in mind any potential discrimination risks (e.g. asking a female colleague to move roles instead of the male colleague). Employers should consider whether mediation is appropriate and offer employees access to the Employee Assistance Programme, if available.
• Employers should ensure that all employees participate in regular training regarding anti-harassment policies and that this training is documented. Any complaints of potential harassment or sexual harassment must be taken seriously and investigated promptly. 
• Ensure that employees are aware that social events can be considered as the workplace and that the same standards of behaviour and professionalism will apply.
• Don’t be nosy! In Ireland, there’s no legal obligation on an employee to disclose a workplace relationship. An employee’s right to privacy should be taken into consideration.