The Irish Workplace Relations Commission (the "WRC") has made an award of five years' gross remuneration to a massage therapist (the "Complainant") who suffered penalisation when she made a protected disclosure to her previous employer (the "Respondent") in A Worker v A Massage Therapy Business, ADJ-00043225. The protected disclosure concerned the requirement for the Complainant to provide sexual services to clients throughout her employment. When the Complainant's employment was terminated, she made a number of complaints to the WRC, including a penalisation claim.
Background
The Complainant commenced employment with the Respondent in February 2020. She typically worked 40 hours a week, was paid 70 per day in cash and was never provided with written terms of her employment as required under the Minimum Notice and Terms of Information Act, 1973.
Shortly after commencing employment, the Complainant submits that clients began to ask for additional services of a sexual nature, stating that other workers in the Respondent's facility provided such services. When the Complainant raised this with her managers, they brought her for dinner and advised that she "could say no" to these services but that they "could assure her that she wouldn't get more clients." The Complainant's interpretation of this was that the Respondent would cease giving her any clients at all.
Following this conversation, the Complainant began to provide limited sexual services whilst continuing to be...
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