Nearly two years after being fired for being falsely accused of sexual harassment, a supervisor at a contract cleaning company has been reinstated, reports RTE.
The WRC pointed out that despite the fact that none of the three senior managers who made judgements during the investigation, disciplinary hearing, and appeal process actually viewed the CCTV footage of the event, sexual harassment findings were made against Mr. Okachi, reports RTE.
The WRC heard at a hearing last month that Mr Okachi was suspended by his line manager following an incident at a gym on January 11, 2023, involving a female receptionist who worked for a client firm of Sodexo’s.
When Mr. Okachi encountered the woman that day, he told the tribunal that he had not seen her since before the Covid-19 epidemic. He said that they discussed going to the gym in a “jovial and upbeat” manner.
“Married man” is what he claimed to be, according to WRC adjudicator Úna Glazier-Farmer, reports RTE.
“He said he complimented her, and she gave him a hug at the end of the conversation,” the adjudicator wrote, reports RTE.
Mr. Okachi stated that he “did not feel comfortable as she was wearing gym clothing” and that he offered the woman a “one-shoulder hug” as proof.
When Mr. Okachi showed up for work the next day, January 12, 2023, his boss, Cliff O’Neill, informed him that he was the subject of a complaint, reports RTE.
Mr. O’Neill told the complainant that the accusation was “not based on camera footage” when Mr. Okachi requested a copy of the CCTV film. The WRC then learnt that he had been suspended.
During cross-examination, Mr. Okachi acknowledged that he placed his hand on the woman’s shoulder and added, “You can check it on the camera,” according to what the tribunal heard.
According to Mr. Okachi, there was no CCTV evidence of the encounter with the woman at the gym. Under cross-examination, he indicated he had highlighted “previous difficulties with the receptionist” in response to her witness statement. He claimed to be “depressed” about the accusation, reports RTE.
The client firm’s human resources department had reported a “incident” to Sodexo, according to Adrian Nix, an area support manager with the company. He said that Mr. Okachi expressed “concern” about the complainant placing his hand on her shoulder and that his admissions supported the woman’s allegations.
Mr. Nix stated, “We felt he had a case to answer,” considering it a violation of Sodexo’s policy on dignity at work, reports RTE.
Although the investigator acknowledged that he never viewed the CCTV footage of the event since it was “the property of the client,” he did have the complainant’s line manager, Mr O’Neill,’s statement of what he observed in the tape. “The adjudicator noted that Mr. O’Neill did not appear before the tribunal.”
“Not completely conclusive as to what happened and what was said” was the conclusion drawn by the company’s inquiry report, according to Ms. Glazier-Farmer. But, she pointed out, it suggested disciplinary action nevertheless, reports RTE.
According to Brenda Flaherty, the client engagement manager at Sodexo, Mr. Okachi was fired because the complainant “accepted he put his arm around the woman’s shoulder and made inappropriate comments.” She said that she solely based her judgement on what Mr. Okachi told the investigator and that she did not receive a copy of the CCTV.
Billy Perkins, a divisional support manager at Sodexo, heard Mr. Okachi’s appeal against his firing. He said that the procedure was “robust” and that he was certain that sexual harassment had occurred, reports RTE.
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