A woman who was subjected to unwanted physical attention at a staff Christmas party has settled the case for £36,000 (€43,552).
Fernanda Hermosilla, who was employed by the Northern Ireland’s Human Right’s Commission, attended the staff dinner in December 2022.
During the evening, she experienced “unwanted and inappropriate physical contact” by a colleague.
The incident was witnessed by some of her co-workers.
When she went to work on Monday, she was told an investigation had been initiated after a colleague reported what had happened.
While this investigation was underway Ms Hermosilla continued to come to the office while the colleague responsible for the inappropriate behaviour worked from home.
Despite this she still had to work with him remotely, which she found difficult.
Ms Hermosilla believed her employer did not communicate clearly with her about the outcome of the investigation or of the disciplinary action taken.
She thought the colleague would not be coming back to work. She later discovered he would be returning to his role.
She said she found the whole experience “upsetting and distressing”.
She settled the case against her colleague for £21,000 (€25,000) and against her employer for £15,000 (£18,000). She was backed by the Equality Commission.
It has been a very difficult time. I did not want or ask for any of this,” she said.
“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.”
Equality Commission for Northern Ireland Chief Commissioner Geraldine McGahey said the case should serve as a warning to workers.
“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.
The Northern Ireland Human Rights Commission said Ms Hermosilla is a valued employee and acknowledged her distress at the behaviour she had been subjected to.
The colleague apologised and, as part of the settlement terms, he and Ms Hermosilla have agreed to work together again, including in-person, as necessary.
They agreed that mediation was not appropriate.
