claim dismissed | 

Journalist who was sexually harassed by colleague loses €300k case against RTE

In her ruling, Ms Kelly found that RTE did not discriminate against Ms Czernik on the ground of gender or sexual harassment

Today at 12:28

A former RTE journalist has failed in her €300,000 sexual harassment discrimination claim against the national broadcaster.

This follows Workplace Relations Commission (WRC) Adjudicator, Maria Kelly finding that while Katarzyna (Kasia) Czernik was sexually harassed by a male colleague in the newsroom, RTE could not be found liable.

In her ruling, Ms Kelly found that RTE did not discriminate against Ms Czernik on the ground of gender or sexual harassment under the Employment Equality Act, 1998 and that Ms Czernik was not subject to adverse treatment arising from making her complaint.

In November 2021, RTE dismissed Ms Czernik’s małe newsroom colleague, Noel Fogarty after an Investigative Board upheld Ms Czernik’s complaint of sexual harassment against Mr Fogarty.

Ms Kelly stated that she was satisfied that RTE took such steps as are reasonably practicable to prevent Ms Czernk’s colleague from sexually harassing her and to prevent her being treated differently in the workplace.

Ms Kelly stated that the steps RTE took included having in place a comprehensive policy which had been communicated to all employees by email; providing training to management so enabling a swift response to the initial informal complaint and acting to support Ms Czernik by not requiring her to work her night shifts.

Ms Kelly stated other steps RTE took was to provide support through the Employee Assistance Programme; acting to appoint an Investigative Board within four days of the formal complaint and implementing the recommendation of the Investigative Board.

Ms Kelly stated that RTE also supported Ms Czernik through its sick leave policy that provided her paid sick leave from 30 June 2021.

In her claim against RTE, Ms Czernik was seeking €300,000 compensation and of this, €150,000 is for being forced to end her professional career with RTE.

Ms Czernik worked as a multi-media journalist with RTE for five years before resigning in March 2022.

The remaining €150,000 part of her compensation claim was for the mental, emotional, and physical impact the harassment had on Ms Czernik.

In the newsroom in June 2021, Ms Czernik was writing and broadcasting news bulletins overnight.

Ms Czernik often worked night shifts with Mr Fogarty and the sexual harassment complained of took place over three days, commencing on June 18th 2021.

Ms Czernik considered the content of the text messages, WhatsApp messages and emails from Mr Fogarty between June 18th and 21st 2021 to be very inappropriate and she asked him not to send her these types of messages.

Represented by Barry Crushell of Crushell & Co, Ms Czernik stated that despite being asked not to send such inappropriate messages Mr Fogarty tried to contact her by phone.

One message sent by Mr Fogarty 10 days before Ms Czernik’s wedding read “My home and bedroom will be open to you,” with another message offering Ms Czernik a spare key.

Ms Czernik’s wedding was due to take place at the end of June 2021 and she became very stressed by the contacts from Mr Fogarty and had trouble sleeping.

Ms Czernik stated that her wedding day was largely ruined by the trauma of the situation and as a result she cancelled her honeymoon.

The complainant stated that she wants justice after what happened to her and the incident changed her and took away her confidence and trust in people.

Ms Czernik believes the harassment effectively ruined her professional career as a journalist with RTE.

Arising from Ms Czernik’s complaint concerning the alleged sexual harassment, RTE appointed an Investigative Board and commenced work on June 30th 2021 when Mr Fogarty was contacted.

In its Investigation Report, the RTE Investigative Board accepted that the effect of Mr Fogarty’s conduct was to violate Ms Czernik’s dignity and create an intimidating, degrading, humiliating and offensive environment.

The Board was satisfied the that the overall tone of the communications was sexual in nature and met the definition of sexual harassment as per RTE’s Dignity and Respect at Work Policy.

The Board upheld Ms Czernik’s complaint of sexual harassment on the part of Mr Fogarty and he was dismissed by RTE in November 2021.

RTE represented by Mairead McKenna SC instructed by Arthur Cox LLP told the WRC that it took reasonably practicable steps to prevent Mr Fogarty sexually harassing her and that RTE fully, thoroughly, and immediately investigated Ms Czernik’s claims of sexual harassment.

In her findings, Ms Kelly stated that RTE took “swift action” when Ms Czernik made her complaint.

In October 2022, Mr Fogarty withdrew his own complaint under the Unfair Dismissals Act 1977 at the WRC challenging his sacking for gross misconduct after the texts to Ms Czernik were read out at a hearing by the investigation chair, Sarah Daly BL.

Ms Daly stated that Mr Fogarty had admitted sending the messages and that he was “inebriated” as a result of his alcohol addiction for many of them.