Two second-level teachers who were sexually harassed by male pupils at their Co Wicklow school have been awarded more than €40,000 by the Labour Court.
In one of the first judgments of its kind, the Labour Court found that the teachers were victimised by their school, De La Salle, Wicklow, for reporting the incidents of sexual harassment and not afforded protection from further incidents.
The Labour Court found that having received complaints of sexual harassment by the teachers, the school failed to take sufficient measures to prevent further harassment.
By failing to take any initiative, the school principal and board of management "failed in their duty to act reasonably so as to protect the claimants from further incidents of sexual harassment". The court also found that one of the teachers' hours were reduced subsequently and it categorised this as a constructive dismissal.
The teachers complained that pupils at the school wrote sexually explicit graffiti on walls and blackboards in classes where they taught. Suggestive comments were also made to them and lewd gestures were made when they went down the corridors.
However, one of the teachers involved, Ms Sinead Murray, told The Irish Times yesterday the most disappointing part of the case was how the school handled the complaints.
"They made us feel guilty. The board of management would not take the complaints seriously. We followed all the procedures and yet we were still made feel like we should have said nothing". The other teacher has chosen to remain anonymous. Ms Murray said she was relieved the Labour Court had vindicated her stance.
She said the ASTI had helped her enormously and had lobbied the school hard to have the issue taken more seriously. Last year an equality officer awarded the two teachers £12,000 and £7,000 after the officer ruled against the school for the way it handled the fallout from the complaints.
In particular, the officer pointed out that the school's action in publicising the teachers' legal case breached equality legislation. This action was "designed to expose and embarrass the claimants in the eyes of their colleagues". It also breached equality legislation by identifying the teachers to others.
However the teachers appealed this, claiming the award did not take into account the further victimisation they suffered by raising the complaints.
Speaking about the decision, Mr Charlie Lennon, ASTI general secretary said the case "emphasises the duty schools have to provide a safe working environment for teachers which is free from sexual harassment by pupils and others."
Mr George O'Callaghan, head of the school manager's association, the Joint Managerial Body, said last night the award showed how careful schools had to be in this area.