A woman who experienced “unwanted and inappropriate” physical contact by a colleague at an NI Human Rights Commission staff Christmas dinner has settled a case against a colleague for £21,000 and her employer for £15,000.
Fernanda Hermosilla was supported by the Equality Commission in her case.
It happened when she was attending the event in December 2022.
During the evening the incident — witnessed by other colleagues — occurred.
When she returned to work on the Monday morning she was informed by her employer an investigation was being conducted because a colleague who saw the incident had made a formal complaint.
During the investigation Ms Hermosilla told her employer of an earlier incident of inappropriate touching at a non-work event a few weeks before by the same person in a Belfast nightclub.
Ms Hermosilla said she had been very upset following that incident, but had been reluctant to make a complaint because she was only new to her job.
While the internal investigation was under way, Ms Hermosilla worked in the office and the colleague worked from home.
However, Ms Hermosilla claimed that, despite this, she still worked remotely with this colleague, which she found very difficult.
Following the investigation, Ms Hermosilla believed her employer did not communicate clearly with her about either the outcome or the disciplinary action taken.
She believed the colleague would not be returning to work, but was then informed they would be.
Ms Hermosilla found the whole process and its outcome very upsetting and distressing.
She also advised her employer of comments made to her by the same colleague of a racial and political nature, which she found to be inappropriate. This was also investigated by her employer.
Ms Hermosilla said: “It has been a very difficult time. I did not want or ask for any of this.
“I was excited to move to Belfast to start a new job and advance my career. This has been a very stressful experience.
“But I’m glad that I took a stand. Everyone must know what unacceptable behaviour is and what I experienced was wrong.
“I want other women to know that they don’t have to accept this type of behaviour in the office or at work parties, and that they should always expect to be supported appropriately by their employer.
“I’m glad my case is resolved and now I want to put this behind me and move on with my life.”
Fernanda Hermosilla
Read more
Geraldine McGahey, chief commissioner at the Equality Commission, said: “We are currently in the middle of the Christmas party season.
“We know that staff parties and outings are important for team building and for recognition and reward, but employers must ensure that everyone attending is safe and that their dignity is respected.
“Employers must ensure that all staff are fully aware of the standard of behaviour that is expected of them.
“Employees should also be aware of the consequences of their actions should they behave inappropriately at a staff Christmas party or outing, as these are an extension of the workplace.”
The cases were settled without admission of liability.
In settling, the NI Human Rights Commission acknowledged Ms Hermosilla is a valued employee and further acknowledged the significant upset and distress she felt as a result of being subject to harassment by a colleague.
It “affirmed its strong commitment to the principle of equality of opportunity in employment and will liaise with the Equality Commission to review its equal opportunities and dignity at work policies”.
The colleague has apologised for any upset caused.
As part of the settlement terms, Ms Hermosilla and the colleague have agreed to put the matters behind them and to work together going forward, including in face-to-face settings as necessary.
They agreed that mediation was not appropriate.
The NI Human Rights Commission told the Belfast Telegraph: “The commission accepts that a staff member was subject to harassment by a colleague at a social event.
“Following a complaint, immediate action was taken by the commission to address the matter as soon as it became aware of what had happened.
“Protecting and ensuring that staff members are comfortable in the workplace remains our primary concern and all reasonable steps have been taken to prevent such behaviour reoccurring.
“The commission is an institution mandated to protect human rights, including equality and non-discrimination.
“It does not tolerate discrimination or harassment in any form.
“It follows policies and procedures in relation to equality of opportunity and we have agreed to liaise with the Equality Commission to review those policies and procedures.
“This claim was settled without admission of liability.
“The commission is committed to ensuring we comply with our duties as an employer and will not be making further media comment on this case.”