A woman settled an alleged case of sexual harassment during a Christmas dinner at work.
Fernanda Hermosilla attended a staff meal in December 2022. She still works at the Northern Ireland Human Rights Commission.
She reported that she was subjected to unwanted and inappropriate contact with a co-worker during the course the evening. Others at the dinner witnessed this.
When she returned to her job on Monday morning, she was told that an investigation into the events from the previous evening would be conducted after a witness had made a formal complain.
Hermosilla informed the Commission during the investigation that the same colleague had previously been involved in an inappropriate touch incident at a Belfast nightclub. She claimed that she was reluctant to file a complaint as she was still new in her position.
She continued working from her office, while the accused colleague worked from his home. She still found it difficult to work with him.
She claimed that her employer failed to communicate clearly the results of the investigation, and she was wrong in believing the colleague wouldn’t be returning to his job. She was told that the colleague would return to work.
“I was surprised because I did not expect it.” He was supposed to be gone, but then he shows up at the office.
She said, “When they asked me how I could feel comfortable at my job after this happened, I thought… How can I feel comfortable when I’ve just experienced something like that?”
She reported to her boss that the same co-worker had made inappropriate remarks of a political and racial nature.
Hermosilla settled her case with the colleague for 21,000 PS and the NI Human Rights Commission, for 15,000. Her case was supported in part by the Equality Commission for Northern Ireland.
She continued: “It’s been a difficult time.” All of this was not something I wanted or asked for. I was eager to move to Belfast in order to begin a new career and to advance my position. It has been a stressful experience.
“But I am glad I stood up for myself.” Everyone should know what unacceptable behavior is, and that what I experienced was wrong.
“I want to let other women know that this kind of behavior is not acceptable in the workplace or at work parties, and that they can always expect their employer to support them appropriately.
“I am glad that my case has been resolved. I now want to move on and put this behind me.”
The cases were settled with no admission of fault, but the NI Human Rights Commission acknowledged that Ms Hermosilla was a valued employee. They also acknowledged the distress and upset she experienced as a result.
The colleague apologized for the upset that was caused. As part of their settlement, Ms Hermosilla has agreed to move on and work with the colleague in the future. This will include face-to-face meetings if necessary. They agreed that mediation wasn’t appropriate.”
The Commission stated that it would work with ECNI in order to review the policies on equal opportunities and dignity of employment.
Geraldine McGahey said, “We’re in the middle Christmas party season.” Staff parties and outings can be a great way to build teamwork and recognize employees, but employers need to ensure everyone is safe and their dignity is respected.
Employers must make sure that their staff is fully aware of what they are expected to do. Employees must also understand the consequences of their behaviour if they act inappropriately during a Christmas party or an outing, as these events are extensions of the workplace.
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