Woman who claimed sexual harassment settles action against employer

A catering assistant who claimed she was bullied and sexually harassed by her chef/manager has settled a High Court action for damages against her former employer.

Caroline Dargan (37), a mother of two from Graigcullen, Carlow, claimed David O'Keefe, her manager at the Teagasc canteen in Carlow, would regularly get himself into positions in the small confined kitchen so she would have to rub up against him as she passed by.

She said he frequently commented on her underwear before eventually pulling at it and would deliberately walk behind her anytime she had to bend down to get something from a press.

On one occasion, he burst into the staff changing room, while she had only a bra and trousers on, and attempted to block her exit until she threatened to scream.

Ms Dargan sued Baxterstorey Ireland, a Dublin-based hospitality company providing on-site catering services to organisations around the country.

Among various claims, she alleged failure to provide a safe system of work and to prevent any improper behaviour by employees.

She claimed the company failed to act on her complaints about Mr O’Keefe.

After going on maternity leave in July 2010, she found herself unable to return to work as he continued to work there.

She was diagnosed with severe adjustment disorder. In a subsequent employment as a hotel supervisor, she said she, as a result of her experience, had great difficulty dealing with male customers and chose not to employ any males.

Baxterstorey lodged a full defence to the case claiming it was statute barred.

It claimed when it learned of the incidents complained of in January 2010, it confronted Mr O’Keefe who claimed the problems were the result of the ending of a relationship between them.

She denied there was any relationship and said they had just been friends.

The defendant also pleaded Mr O’Keefe was acting outside the scope of his employment and denied not responding to her complaints.

Short break

Ms Dargan had finished direct examination by her counsel Aidan Doyle when Mark Connaughton SC, for the defendant, asked Ms Justice Miriam O’Regan on Tuesday for a short break before cross examination began.

When it resumed, Mr Doyle said the case had been settled and could be struck out with no order save it be noted there had been no claim for loss of earnings and none was paid for in the settlement.

The terms of the settlement were not disclosed in court.

Ms Justice O’Regan said she found Ms Dargan a particularly credible witness and although, from the defence point of view, there had been no cross examination of her, she wished to express sympathy with her and hoped the case would be “some form of catharsis”.

The judge added she hoped she had recovered and noted she had a loving relationship with her seven year old son “who is also a chap”.

In her evidence, Ms Dargan said she began working with the company in March 2009 and things were good in the early days. Mr O'Keefe socialised with her and her friends and occasionally stayed in her and her husband's home in Carlow because he lived in Athy.

On one such night, he tried to kiss her on the lips but when she protested, he walked off, she said.

Back at work, he told her an assistant manager’s job was coming up and if she worked hard she might get it but she found he left a lot of the work, including paperwork, to her and also went home early.

“When I stopped backing David up, he started becoming aggressive towards me”, she said. On one occasion he threw a steel mixing bowl at her, narrowly missing another employee, she said.

Ms Dargan told her counsel Mr O’Keefe still works in the Carlow Teagasc facility but was not in court.