BBC
Fernanda Hermosilla said it was a 'very stressful experience'
A woman who complained of “unwanted and inappropriate physical contact” from a colleague at a Christmas party has agreed to settlements totaling £36,000.
Fernanda Hermosilla, who works for the Northern Ireland Human Rights Commission, launched legal action after the staff dinner in December 2022.
The commission investigated the matter after another colleague, who witnessed the incident, filed a formal complaint.
However, Ms Hermosilla was unhappy with the manner in which the disciplinary proceedings were conducted, as she still had to work remotely with the accused during the investigation.
She settled her case against the colleague for £21,000 and accepted a further settlement of £15,000 from her employer.
The cases were settled without acknowledgment of responsibility.
The Northern Ireland Human Rights Commission acknowledged that Ms Hermosilla felt deeply distressed and distressed as a result of the harassment.
He said he was committed to equal opportunities in employment and would liaise with the Equality Commission to review its policies on equal opportunities and dignity at work.
The colleague apologized for any inconvenience caused.
“I thought he might make my life difficult”
Ms Hermosilla said she was going to talk to another co-worker when she “felt someone grab me from behind and pull me, as if to make me sit on their lap”.
“I was mortified, I was so embarrassed because I didn’t know the people well at that point, so it was so humiliating,” she said.
When she returned to work, her employer informed her that an investigation had been launched after a co-worker who witnessed the incident filed a formal complaint.
During the investigation, Ms Hermosilla informed her employer of a previous incident of inappropriate touching, which had occurred a few weeks previously with the same colleague at a non-work event at a Belfast nightclub.
Ms Hermosilla said she was hesitant to press charges because she was new to her role.
“I was on probation, I didn't know this person. I thought he might make my life difficult at work, that he might give me the silent treatment,” she said.
“I really freaked out.”
“How could I feel comfortable at work? »
During the investigation, Ms. Hermosilla worked in the office and her colleague worked at home.
Despite this, she said she still worked remotely with this colleague, which she found very difficult.
After the investigation, Ms. Hermosilla said she believed her employer had not clearly communicated to her either the outcome or the disciplinary action taken.
She believed the co-worker would not return to work, but he was brought back.
“I was shocked because I didn't expect that. I thought he left, then all of a sudden he comes back to the office. Then they (his employer) asked me what would make you feel comfortable at work and I just thought, 'How can I feel comfortable at work when this just happened,' she said.
Ms. Hermosilla told her employer that the same colleague had made racial and political comments to her, which she considered inappropriate.
This matter was also investigated by his employer.
Geraldine McGahey, of the Equality Commission, said employers need to make their staff aware of the standards of behavior expected of them.
Geraldine McGahey, chief commissioner of the Northern Ireland Equality Commission, said the case highlighted the need for employers to ensure the safety and dignity of staff during Christmas celebrations.
“Employers need to have a policy and procedures… they need to send out timely reminders because it's Christmas time, there are a lot of social events, whether organized by the employer or by a group of colleagues, they are always at work events. Everyone must know how to behave, ”she said.
“I never did it because of the money, I just wanted to be comfortable at work and be able to settle down,” Ms Hermosilla said.
“I’m glad we can move on because I don’t want that to be my whole Belfast experience.”
As part of the settlement, Ms. Hermosilla and her colleague agreed to put the matter behind them and work together in the future, including face-to-face if necessary.
They also agreed that mediation was not necessary.
