A recycling centre in Dublin has been ordered to pay €12,000 in compensation after the Workplace Relations Commission (WRC) found that a former employee was subjected to harassment at work by another employee on the grounds of his sexual orientation.

Dean Slattery, the complainant who worked as a driver/collector with Liberties Recycling Training and Development Company in the Bluebell Industrial Estate, resigned from his position on February 8, 2024, following the conclusion of an internal workplace investigation. The investigation had led to both Mr Slattery and a colleague, referred to as Mr B, being suspended on full pay.

While the Dublin-based recycling centre reportedly took some action after a second incident between the two men, the WRC said its response was inadequate to reverse the effects of the harassment. Despite this, the company still argued that Mr Slattery was not discriminated against or victimised because he is gay, although he argued that he had been wrongfully suspended and forced to return to work despite feeling distressed and uncomfortable. Mr Slattery went on to describe multiple instances where he was subjected to homophobic attitudes and actions.

On December 14, 2023, Mr B deliberately grabbed and squeezed Mr Slattery’s hand violently when shaking it. He then shook another colleague’s hand, not before saying “Watch how I shake a real man’s hand”. On separate occasions, Mr Slattery was called “bitch” and “f*ggot boy” by his colleague, as confirmed by witness statements gathered by the company. There was also evidence that Mr B tried to grab the complainant by the neck at one point and that another staff member had to physically intervene to keep the two men apart.

According to a report by Seán McCárthaigh, adjudication officer Ms Orla Jones found that Mr Slattery had been open about his sexuality and his relationship with a colleague prior to the incidents, but that he had since become fearful of discussing his private life.

It also emerged during the hearing that Mr B had previously been referred for therapy to address anger management issues, following an earlier altercation with another staff member in February 2023. The WRC found that Mr B had been aggressively pursuing Mr Slattery, to the extent that Mr Slattery had to be moved to a different location.

Ms Jones concluded that the company had breached the Employment Equality Act by failing to protect Mr Slattery from harassment related to his sexual orientation. The €12,000 compensation was awarded in recognition of the distress and impact caused by the company’s insufficient response to the situation.