News
Gay Builder Compensation Halved
A gay builder who was awarded €49,700 by an Equality Tribunal for sexual discrimination, harassment and victimisation has had his compensation almost halved following an appeal to the Labour Court.
The man, who claimed he had felt suicidal at one stage as a result of harassment because he was gay, said that after reporting what was happening he was instructed not to work at heights. He also claimed he was subsequently forced to take unpaid sick leave as a consequence of advice received from a psychologist appointed by his employer.
The tribunal awarded him €14,700 for lost earnings as a result of discrimination, €10,000 for sexual harassment and €25,000 for victimisation.
The construction company appealed the tribunal decision to the court saying the total €49,700 award was equal to nearly two years’ wages after tax and was “totally disproportionate”. It said no victimisation occurred and therefore there was no question of loss of earnings. It took all reasonable steps to deal with the situation with the man’s welfare foremost in its mind.
The court said the company should pay €12,500 to the man for the distress and the effects of sexual harassment, a further €12,500 compensation for the distress and effects of victimisation and €1,090 in medical expenses.
The court also said the company should have policies on harassment and sexual harassment which are in accordance with the code of practice issued by the Equality Authority and it ensures that all staff are familiar with the policy.
