A woman has settled a case of alleged sexual harassment at a work Christmas dinner.
Fernanda Hermosilla, who still works for the Northern Ireland Human Rights Commission, attended a staff dinner in December 2022.
She said that during the course of the evening, she experienced unwanted and inappropriate physical contact by a colleague. This was witnessed by others at the dinner.
She was informed when she returned to work on the Monday morning that an investigation would take place into the events of the evening after a witness made a formal complaint.
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During that investigation, Hermosilla told the Commission that there had been a previous incident of inappropriate touching by the same colleague at a non-work event in a Belfast nightclub. She said she had been reluctant to make a complaint because she was new to her role.
She continued to work from the office while the colleague accused of the harassment worked from home. Despite this, she found working with him difficult.
Once the investigation was concluded, she claimed her employer did not communicate the outcome clearly enough, as she believed the colleague would not be returning to work. Instead, she was advised that he would be returning to his role.
“I was shocked because I didn’t expect that. I thought he was gone; then out of the blue he’s coming back to the office.
“Then they asked me what would make you comfortable at work and I just thought… how can I feel comfortable at work when this just happened?” she said.
She also reported to her employer that the same colleague had made inappropriate comments of a racial and political nature.
Hermosilla has now settled her case against the colleague for £21,000, and against the NI Human Rights Commission for £15,000. Her case was supported by the Equality Commission for Northern Ireland (ECNI).
She added: “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.”
The cases were settled without admission of liability, but the NI Human Rights Commission “acknowledged Ms Hermosilla is a valued employee and further acknowledges the significant upset and distress she felt as a result of being subject to harassment by a colleague”.
“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 on an ongoing basis including in face-to-face settings as necessary. They agreed that mediation was not appropriate.”
The Commission said it would liaise with ECNI to review its equal opportunities and dignity at work policies.
Geraldine McGahey, chief commissioner at ECNI, 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.”
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