HEALTH WORKER WINS RACE, SEX ABUSE CASE
The results of the investigation which took over three years to complete resulted in the counsellor being disciplined after two findings were upheld against her.
The inquiry concluded that her underwear had been seen by the woman and that the counsellor’s subsequent behaviour was “unprofessional and inappropriate.”
The WRC, which heard the case over 10 days between October 2022 and October 2023, was informed that a service user, who had been receiving psychological counselling for trauma associated with child sexual abuse, had made the complaint about the therapist.
She claimed she could see up the counsellor’s skirt and observe her underwear which she believed was deliberate.
The WRC said there was insufficient evidence available to the investigation team to allow them to conclude that the counsellor’s underwear was seen by the woman.
A NURSING home operator has been ordered to pay €30,000 compensation to a healthcare assistant after she was cornered by a patient with dementia touching himself sexually and racially abused by a drunk patient.
At the Workplace Relations Commission, Adjudicator David James Murphy found Vanessa Rodrigues Linhan was subjected to “serious racial and sexual harassment which made her legitimately fear for her safety”.
Mr Murphy said he was satisfied from Ms Rodrigues Linhan’s evidence “that these actions had a huge impact on her and her relationship with her employer”.
Finding Carechoice Swords 2 Ltd liable for the racial and sexual harassment, Mr Murphy ordered it to pay the €30,000.
He said the sexual and racial harassment of Ms
Rodrigues Linhan occurred where the complainant “provided undisputed and detailed oral evidence recounting these episodes”.
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In the case of sexual harassment, Ms Rodrigues Linhan – who worked at the care home for five months – said that one night, Patient B was touching himself and was trying to get her to go into his room.
She said he was much larger than her “and ended up cornering her in the room while touching himself. She had nowhere to go and no one was around to help her”.
Mr Murphy said Patient B sexually harassed Ms Rodrigues Linhan in a “serious and frightening manner”.
In relation to Patient
A’s racial harassment, Ms Rodrigues Linhan said that on December 20, 2022, Patient A had been in the pub and became angry and abusive that night.
He made racist remarks and pushed Christmas decoration into her chest.
Ms Rodrigues Linhan was terrified and said the home was unsafe at night with just three healthcare assistants and two nurses for 46 patients.
Mr Murphy said Carechoice failed to prove it took reasonably practicable steps to avoid the harassments. But he said the director and assisstant director of nursing appeared to be considerate and professional people.