Woman awarded £20,000 after sexual harassment ruling against Morelli's Ice Cream
WATCH: Shauna McFarland speaking to UTV:
A Coleraine woman has been awarded £20,000 after winning a sexual harassment case against Morelli Ice Cream Ltd.
An industrial tribunal judgment said it was unanimously satisfied that complainant Shauna McFarland was subjected to harassment and that Morelli's is liable.
In a case backed by the Equality Commission for Northern Ireland, Ms McFarland said she experienced sexual harassment over a long period of time by Remo Di Vito, a supervisor, who is also a member of the extended family who own Morelli's.
The tribunal found his conduct was "by any standard sleazy and sustained".
Ms McFarland first raised a complaint in September 2016, but the tribunal found that no investigation was carried out, although a verbal warning was issued, and she was not advised of the outcome.
The tribunal criticised the leniency of the penalty, and accepted Ms McFarland's contention that the sexual harassment started again within weeks.
The tribunal described a text message received by Ms McFarland from Mr Di Vito in December 2017 as "obscene".
In January 2018, following further unacceptable behaviour, Ms McFarland submitted a formal letter of complaint alleging sexual harassment.
Morelli Ice Cream Ltd held an investigation into the complaint.
The tribunal was critical of the investigation, describing the conduct of the employer as aggressive and overtly dismissive towards Ms McFarland.
It also said the managing director's declaration that he was entitled to attend the investigation "to defend the company" completely undermined any notion of independence.
As a result of Ms McFarland's complaint, Mr Di Vito was given a final written warning.
She left her employment on a combination of sick leave and maternity leave and did not return.
She said it had been a "very difficult time".
"I wish my complaints had been taken seriously and dealt with from the beginning," she said.
"I had no choice but to challenge this horrible and disgusting behaviour. I hope, by speaking out, it will help other women in similar situations to seek support and challenge it too.
"No woman should have to put up with this kind of behaviour at work."
Equality Commission senior legal officer Mary Kitson said: "Unfortunately, sexual harassment at work continues to be a reality for many women and this behaviour is simply not acceptable.
"It is important that employers not only have policies and procedures in place to protect women from harassment, but they must be actively implemented.
"Women like Shauna must feel protected from this type of behaviour and be confident that they can raise complaints without fear of being penalised and that any complaint will be dealt with effectively and in a timely and professional manner.
"Workplaces should be welcoming, inclusive and safe places for all employees, and employers should come to the Commission for advice on putting in place effective equality policies and procedures."
Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.