A former RTÉ newsreader discovered to have been sexually harassed by inappropriate texts from a senior newsroom colleague simply ten days earlier than she was attributable to be married is looking for damages of as much as €300,000 over the broadcaster’s dealing with of the affair.
Kasia Czernik has complained to the Office Relations Fee below the Employment Equality Act 1999 alleging that RTÉ was in breach of the act by refusing to reveal what disciplinary motion was taken towards fellow night-shift information anchor Noel Fogarty, who was sacked final September.
His dismissal was on foot of a discovering that Ms Czernik had been sexually harassed by a sequence of texts, emails and tried cellphone calls between Friday June 18th and Monday June twenty first that 12 months, the tribunal was advised.
“My residence and bed room shall be open to you,” learn one, with one other providing Ms Czernik a spare key.
“This was ten days earlier than her marriage ceremony,” her solicitor Barry Crushell advised the tribunal.
After she introduced the texts to the eye of her line supervisor, Paul Ferris, Mr Fogarty was suspended pending investigation and Ms Czernik was knowledgeable she wouldn’t must work with him, the tribunal heard.
Investigators discovered the messages have been “intrusive, invasive, unwelcome and undesirable, each of their content material and their persistence”, the report discovered.
Giving proof, the complainant stated she was glad with the report however that she was not made conscious of any disciplinary proceedings towards Mr Fogarty.
“I solely discovered from the current article within the press precisely what occurred. I used to be by no means utterly conscious of what occurred to him by way of his work – whether or not he was suspended or no matter,” Ms Czernik stated.
“I do know it’s onerous to know [but] once you’re in a scenario like this you want very clear info,” she stated.
She added that she raised considerations at later conferences about safety preparations for the evening shift on the RTÉ campus, which she stated had “some ways out and in”.
Head of HR for RTÉ Information and Present Affairs Tanya McNulty stated in her proof that Mr Fogarty was instructed from the outset of his suspension pending investigation to not contact Ms Czernik both immediately or by another colleague.
“We had additionally eliminated his [security] tag entry so he had no direct entry to buildings on the RTÉ website,” she stated.
She stated there had been a sequence of “check-in” conferences with Ms Czernik going into the autumn of 2021 after the report was issued and whereas Mr Fogarty was interesting his dismissal.
Ms McNulty stated that there have been “procedures not full” on the time of a gathering in mid-October which prevented her from giving Ms Czernik info on the result of the matter.
She stated Mr Ferris might be “categoric that [Mr Fogarty] was not employed by RTÉ” upfront of one other assembly in December that 12 months, which she stated had been attended by the complainant’s solicitor.
Mr Crushell submitted that the notes taken at these conferences had not been circulated to his shopper for remark as minutes.
Ms McNulty stated she was “shocked” by Ms Czernik’s resignation the next March.
“She’s a really valued worker, a really valued colleague, who had excellent relations along with her line supervisor,” she stated.
Beneath cross-examination from Mr Crushell, she accepted Ms Czernik had stated she discovered it troublesome to be on the RTÉ campus at evening after the harassment.
Beneath additional questioning from the adjudicating officer, Maria Kelly, Ms McNulty stated consideration was given to switching the complainant to a daytime roster however that administration “by no means had a possibility to have that dialogue” with Ms Czernik.
“When it comes to the human ingredient, the engagement, that’s the place we really feel RTÉ failed in its obligation of care,” Mr Crushell stated.
“We’d contend that victims of sexual harassment have a proper to know the results a harasser faces,” he stated.
He stated that the broadcaster had been left with a battle between the privateness rights of the person disciplined over the texts and his shopper’s “proper to closure”.
He added that info on the sanction utilized may have been given with a proviso that it was nonetheless topic to enchantment when his shopper requested.
“This can be a declare Ms Czernik has made for €300,000 compensation, far in extra of the jurisdiction. It’s a declare that should fail,” stated Mairead McKenna SC, who appeared for the broadcaster.
Ms McKenna stated the RTÉ HR officer had been “refined in her communications” to the complainant on the December assembly when she had stated the perpetrator was not working for RTÉ.
Counsel argued that the complainant’s solicitor, who the tribunal heard had attended that assembly, ought to have been capable of “learn between the traces” and advise his shopper on the scenario.
She stated Mr Ferris and Ms McNulty “acted in an exemplary method and couldn’t be criticised” and urged the adjudicating officer to seek out RTÉ had made out a defence below the act.
Final month Mr Fogarty withdrew a grievance below the Unfair Dismissals Act 1977 difficult his sacking for gross misconduct after the texts have been learn out at listening to.