A FORMER RTÉ 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, RTÉ could not be found liable.

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

In November 2021, RTÉ dismissed Czernik’s małe newsroom colleague Noel Fogarty after an investigative board upheld Czernik’s complaint of sexual harassment against Fogarty.

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

The adjudicator stated that the steps RTÉ 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 Czernik by not requiring her to work her night shifts.

Kelly stated other steps RTÉ 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 board.

She stated that RTÉ also supported Czernik through its sick leave policy that provided her paid sick leave from 30 June 2021.

Claim

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

Czernik worked as a multimedia journalist with RTÉ 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 Czernik.

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

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

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

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

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

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

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.

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

Investigative board

Arising from Czernik’s complaint concerning the alleged sexual harassment, RTÉ appointed an investigative board and commenced work on 30 June 2021 when Fogarty was contacted.

In its investigation report, the RTÉ investigative board accepted that the effect of Fogarty’s conduct was to violate 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 RTÉ’s Dignity and Respect at Work Policy.

The board upheld Czernik’s complaint of sexual harassment on the part of Fogarty and he was dismissed by RTÉ in November 2021.

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

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

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

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