A man has been awarded €15,000 after he was unfairly dismissed by a prominent food company in Drogheda over comments made to a female colleague.
Vadim Dudoit, of Old Slane Road, Drogheda, Co Louth, took the case against Boyne Valley, trading as Boyne Valley Group, of Platin, Drogheda, after he was dismissed for alleged gross misconduct on May 22nd, 2015.
The Workplace Relations Commission, chaired by Dara Hayes, issued its determination in May but details of the case have emerged only now.
Mr Dudoit had been employed from July 2008, firstly as a machine operator and subsequently as a supervisor.
On February 23rd, 2015, a young colleague of the claimant’s made a formal written complaint to the factory manager about him. Her complaints were elaborated on in a formal meeting with the manager, who opened an investigation.
Other employees who witnessed the alleged incidents complained of, including the woman’s mother and her boyfriend, were interviewed as part of the inquiry.
Complaints
Five complaints made by the woman included that the claimant had made personal remarks to her in public which had caused her offence, in particular remarks about the appearance of her face and skin and remarks about her future family plans and personal financial affairs.
She also claimed the supervisor had “slapped” her hand after she had asked to see a mobile phone he was holding at the time. The woman also complained that Mr Dudoit had made remarks “implying persons had been hired on the basis of sexual favours rather than merit”.
A HR consultant for the company wrote to Mr Dudoit in May 2015 with his conclusions, stating that while it was uncertain there had been any malicious intent in Mr Dudoit’s comments, it was “equally uncertain that they were offered in good faith”.
“On their own these comments could not support a finding against you, however they are not on their own and I conclude that they offer further evidence of your singling out [the female colleague] for unwanted attention, in public and in breach of company policies on bullying and harassment.”
In respect of the slapping allegation, the HR consultant found conflicting evidence from the witnesses and said in these circumstances he could not find that there had been a slap.
However, Mr Dudoit had accepted that there was physical contact directed by him at the woman.
Series of behaviours
“On the balance of probability, I conclude that this incident, while not of itself sufficient to find gross misconduct, is part of a series of behaviours on your part which has been directed at [the woman],” the consultant wrote.
The claimant told the tribunal hearing on November 22nd last year he had tried to offer an apology to the woman but she had refused it.
Under cross-examination, he accepted he had made comments about the woman’s eyebrows, sunbeds and financial affairs. He agreed that some people might find such a comment about eyebrows insulting.
The tribunal said it was satisfied that the processes adopted by the company during its investigation and the disciplinary process were “thorough and fair”.
It accepted as correct the submission by counsel that its role was not to impose its own decision where the decision by an employer came “within a band of reasonableness”.
However, in this case it was satisfied the decision to dismiss the claimant did not come within “a band of reasonableness”.
“It was a disproportionate response and should have been dealt with, at least initially, in a more low-key and constructive way. That is not to say the comments were not unwelcome to the employee in question.”