Worker at ice cream parlor awarded €5,000 in settlement for persistent sexual harassment by coworker
In the heart of Dublin's bustling Drury Street, LN Ice Cream Ltd, operating under the joint branding of Spilt Milk and Roots Acai, found itself embroiled in a workplace harassment case. A former employee, Leni Shanahan, recently secured €5,000 in compensation after experiencing sexual harassment at the Spilt Milk ice cream parlour.
Ms Shanahan, who was a 21-year-old student at Trinity College Dublin when she was hired for the shop's opening in March 2024, alleged that her harasser, a colleague who was a decade older, made inappropriate comments and initiated conversations about sexual experiences.
The Workplace Relations Commission (WRC) heard that the harassment occurred primarily when they were rostered to work together in the shop's basement production kitchen, where there was no CCTV. Ms Shanahan was not aware of any harassment complaints process and was not shown any related policy documents.
Steven Murphy, another company director, mentioned that Ms Shanahan declined to be interviewed for his internal investigation. The adjudicator found it unhelpful that she declined to participate and difficult to understand why she did not complain sooner. Ms Shanahan did not allege sexual harassment on the part of Mr Murphy personally.
A key factor in her decision to quit was hearing that her alleged harasser had made a remark to her boss, Dave Meehan, about being physically aroused by her. Mr Meehan expressed regret for any mistakes made and apologized to Ms Shanahan. He stated that he had taken HR training since Ms Shanahan's complaint.
On her last shift before leaving, her alleged harasser gave Ms Shanahan a hug and made a comment about not wanting to see her at work anymore. The adjudicator, Pat Brady, found that the business could not rely on the statutory defense of having taken reasonable steps to prevent sexual harassment due to the lack of any measures in place.
The adjudicator wrote that the business's investigation findings were only true if less weight was attached to Ms Shanahan's statements than to her alleged harasser's denial. The adjudicator found it unhelpful that Ms Shanahan declined to participate in the company probe and difficult to understand why she did not complain sooner.
Irish law strictly prohibits sexual harassment in the workplace under the Employment Equality Acts 1998-2015. Employers are legally obliged to take all reasonable steps to ensure a harassment-free workplace, and they can be held liable if they fail to do so. The incident serves as a reminder for employers to promptly address any allegations of harassment and create a safe and welcoming work environment.
There are ongoing reforms aimed at increasing transparency and limiting the use of non-disclosure agreements (NDAs) in workplace sexual harassment cases in Ireland. These reforms aim to help victims speak out and reduce isolation, providing greater accountability for perpetrators.
[1] Employment Equality Acts 1998-2015 [2] Code of Practice on the Employment of Young Persons [3] Workplace Relations Commission [4] Reform of Non-Disclosure Agreements
- The workplace harassment case involving LN Ice Cream Ltd, Spilt Milk, and Roots Acai highlights the importance of implementing health-and-wellness practices in the workplace to prevent incidents of sexual harassment, especially considering Ireland's strict regulations under the Employment Equality Acts 1998-2015.
- In light of the ongoing reforms in Ireland, such as the Reform of Non-Disclosure Agreements, it is crucial for businesses to promote workplace-wellness programs that include educating employees about the Code of Practice on the Employment of Young Persons and ensuring transparent policies for reporting and addressing sexual harassment complaints.
