A RESTAURANT in the south east has been ordered to pay a former employee £2,000 because sexual harassment by the personnel manager made it impossible - for the woman to continue working as a waitress. The award has been made by a deputy chairman of the Labour Court, Mr Tom McGrath.
The company denied the allegations of harassment and said that, even if it had occurred, it had been outside normal working hours and in the living quarters of the manager concerned. As such, the harassment was beyond the control of the employer.
The court was told by the plaintiff that she began working at the restaurant in July 1995. She alleged the personnel manager made sexual advances on September 4th, 1995, when she went to the apartment adjoining the restaurant to change. The apartment is occupied by the manager and his wife.
The employee's family had a close relationship with the manager's family and she felt he was exploiting the trust and family friendship.
She told the court he treated the fact that he was employing her in the restaurant as a licence to make advances which she found extremely offensive and threatening. As a result, she left the job and had not worked since because of the stress incurred.
The company denied the accuracy of the allegations, but said that, even if they were true, it was not responsible for the incidents. The employee had not been dismissed and had not been obliged in the course of her work to visit the manager's residence.
The court heard evidence from the manager, the waitress and relatives of both parties.
It rejected the company defence. It said the woman was in the manager's residence on foot of an arrangement to change into her uniform before starting work. The residence was de facto a part of the working premises. The court awarded the plaintiff £2,000.