Know Your Rights with Femi Daniyan
According to a publication by the website WorkplaceBullying.ie, the issue of workplace harassment is reaching epidemic levels, based on the surveyed findings of 15 European Union countries. The report warns that “violence at work, ranging from bullying and mobbing, to threats by psychologically unstable co-workers, sexual harassment and homicide” is on the increase globally. Indeed, harassment is a real and present problem in all kind of workplaces in every part of the world.
What is harassment?
The Employment Equality Acts 1998-2011 prohibit harassment at work. The act defines harassment as any form of “unwanted conduct… that is defined as having the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
“Unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures, or other material.”
Harassment must be based on any of the nine discriminatory grounds, which are gender, marital status, family status, age, race, religion, disability, sexual orientation and membership of the Traveller community.
Harassment at work can be inflicted by fellow workers or a superior, a client or a customer, or any business contact.
Code of practice on sexual harassment and harassment at work
An employer should have a policy setting out the guidelines for what is considered appropriate behaviour. and also the procedures to deal with and prevent harassment at work.
An effective grievance or complaints procedure should be in place to deal with complaints about harassment. All employees must be aware of such a policy and procedure.
The Equality Authority has published a Code of Practice on Sexual Harassment and Harassment at Work, aimed at employers, employees, and trade unions and which clearly explains the rights, responsibilities and obligations of the various parties.
As well as outlining discrimination and harassment, the Employment Equality Acts make specific provision for a person who has been penalised or victimised for having lawfully opposed an unlawful act, for having taken proceedings or having given evidence in such proceedings or having indicated an intention to take proceedings.
A number of cases where clear victimisation was upheld suggest that compensation for victimisation can be significant, and frequently more than compensation awarded for actual discrimination.
Making a complaint
If you have a complaint of harassment or victimisation, it is recommended that you exhaust any grievance procedure set out in your employer’s policy on harassment, if any. This may involve making an informal complaint, followed by, if the situation has not been resolved, a formal complaint.
It is important to note that policies and procedures will vary from employer to employer. If your employer has no grievance procedure in place, or such a procedure has failed to resolve the problem, then you may lodge a complaint at the Equality Tribunal.
Before you lodge such a claim it is essential to ascertain that your claim relates to harassment or victimisation on the abovementioned nine grounds. The Equality Tribunal investigates or mediates claims of unlawful discrimination under the equality legislation.
A tribunal mediator will facilitate parties to mediate agreement that is legal and binding.
Where parties object to mediation, a case will be heard by a tribunal equality officer who will hear evidence from both parties before issuing a legally binding decision.
Time limit
It should be noted that complaints under the Equality Acts must be brought within six months of the last act of discrimination. This time limit can be extended to 12 months (extended for a further six months) where there is “reasonable cause”.
It is important to bear this time limit in mind if you are invoking an internal grievance procedure which may take a considerable amount of time to complete.
Remedies
The remedy in any harassment action is more often than not some form of ‘compensation’. However the Tribunal and indeed the Labour Court have the authority to make an order compelling someone (ie the employer) to carry out a specific task.
Finally, in the event that you find yourself in a position where you are being harassed in the workplace, if you are aware of your rights you are more likely to deal with the situation and get the requisite remedy that is due to you.
Knowledge is power, and a thorough understanding of your rights will keep you on your guard and aid you in enforcing your rights when the need arises.
If you are affected in any way by the issues raised in this article and would like advice, please consult your trade union if you are a member of one, solicitor or employment expert.
Femi Daniyan is a barrister and founder/president of the Afro-Irish Organisation, a human rights organisation.
