Coleraine woman wins sexual harassment case against Morelli Ice Cream Ltd
Shauna McFarland has been awarded £20,000 by an industrial tribunal
A woman from County Londonderry has been awarded £20,000 after winning a sexual harassment case against Morelli Ice Cream Ltd.
Shauna McFarland from Coleraine 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.
An Industrial tribunal judgment said it was unanimously satisfied that complainant Shauna McFarland was subjected to harassment and that Morelli's is liable.
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.
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.
In a statement Morelli Ice Cream Ltd said: “We deeply regret that a member of our team during their time of employment, was subjected to harassment by a previous member of staff whilst working at our production and distribution centre in Coleraine over four years ago.
“We respect the decision of the tribunal and accept the criticism levelled at the company, using the findings to develop our procedures to safeguard all staff while in our employment.
“As a company with a strong family ethos, we pride ourselves on the relationships we have with our team, promoting dignity and respect in the workplace and sincerely apologise to all those who have been affected.”
Shauna said that it had been a "very difficult time" for her and her family.
She added: "I wish my complaints had been taken seriously and dealt with from the beginning,"
"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."
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