Tracey McGann, who worked as the finance manager at top biotech company ERS Genomics, was unsuccessful in her equality claim where she suggested the firm’s CEO treated her akin to a server when he enquired about purchasing more wine during a corporate dinner. This incident, which took place in October 2022, was one of various situations documented by Ms McGann as part of her accusations of discrimination, victimisation, and discriminatory constructive dismissal under the Employment Equality Act 1998. However, the Workplace Relations Commission (WRC) dismissed these allegations, which the company had denied, in its judgement shared this past Thursday.
Ms McGann disclosed during the proceedings last year that upon standing to use the washroom during a company event, CEO Eric Rhodes requested her for more red wine. Responding to his query, Ms McGann stated she was not a server. Mr Rhodes was questioned during the hearing by Rosemary Mallon BL who was there representing the firm, amid claims by Ms McGann which insinuated a gender bias behind the CEO’s request for more wine.
Mr Rhodes defended his query by stating that as Ms McGann was usually entrusted with the company’s euro-denominated corporate credit card, he interpreted his request as authorising additional spending. He also indicated his unawareness of the card being handed off to a different employee. He further refuted any biased intentions behind his request for more wine, confirming that he would have posed the same inquiry to a male employee in possession of the company credit card.
Adrian Twomey, lawyer for Ms McGann, stated in legal documents that his client had previously provoked irritation among her superiors by utilising the firm’s internal salary information as a means to draw comparisons between the salary increments awarded to male and female employees in 2020. Doing so resulted in her obtaining a backdated pay hike.
Ms McGann’s argument was that in 2022 the company refused her proposal to lessen her working hours and employ an assistant who would handle the more “trivial” tasks. Consequently, she contended that the hiring procedures were postponed, followed by the company initiating a job advertisement for a vice-president to take over the finance sector.
Other asserted discriminatory behaviours included Miss McGann being excluded from director dinners following board presentations, and being systematically omitted from meetings in July and October 2022.
Recalling a conversation she had with Mr Rhodes (a company representative) regarding the vice-president hire in November 2022, Ms McGann stated: “I did ask, ‘Would it fall upon me to deal with the unsavoury aspects of the role?'”. Mr Rhodes’s response, according to Ms McGann, suggested it would ultimately be a matter for the finance head to determine, but most likely, yes.
“He gestured towards his mouth and advised: ‘Begin your job hunt’,” she furthered. Ms McGann subsequently resigned in January 2023, claiming the company had effectively forced her out of her position, as heard by the tribunal.
On the other hand, during cross-examination, Ms Mallon drew parallels to a “dramatic villain-like” portrayal of the CEO, Mr Rhodes. He insisted that he was merely suggesting Ms McGann to consider alternatives. He affirmed that she was “resisting” his comments and hence, he may have countered: “Tracey, it’s always an option for you to seek new employment.”
Ms Mallon put forth to the claimant, “You quit because you landed another position that allowed you to work for four days a week, which worked in your favour.”
However, the complainant defended her stand, “I resigned in light of the constant adversities that Eric and ERS inflicted upon me. Their goal was for me to leave.”
Mr Twomey, in his concluding note to the tribunal, echoed: “The company rather pleased because that’s the results they were rooting for – they intended for my client to be ousted.”
Ms Mallon argued that it wasn’t discriminatory to instruct someone holding your company credit card to order more drinks while walking past a table. She added that misunderstandings in social situations at work are possible, irrespective of one’s gender.
During the judgement on this case, adjudicator Michael MacNamee determined that Ms McGann exited her position without affording the company an appropriate timespan to examine a complaint she filed slightly less than two weeks prior to her resignation. Mr MacNamee dismissed her constructive dismissal claim. He also pointed out that the firm’s decision to employ a Vice President for finance was, to a certain extent, related to Ms McGann’s request for part-time hours rather than in response to her salary grievance in 2021. He noted that the board already had plans to appoint a VP for finance before Ms McGann sought a part-time role.
Mr MacNamee further stated that Ms McGann’s allegations concerning her refused access to part-time hours were factually misinterpreted. The adjudicator discovered that a male colleague she compared herself with did not actually submit such a request and that Ms McGann had assurances from Mr Rhodes that she would receive her full-rate salary for her part-time work.
Michael MacNamee also mentioned that those attending dinner with the board, mainly male non-directors, participated in strategic planning that did not require the involvement of the finance department. He deemed this as fair.
Commenting on the wine incident, Mr MacNamee found it difficult to comprehend why Ms McGann did not include it in her initial complaint regarding Mr Rhodes’ request for more wine, under the assumption that she held the company credit card. MacNamee suggested that clarifying her position at the time would have directed Mr Rhodes to make the request to the actual custodian of the company card, irrespective of gender.
In his final remarks, Mr MacNamee failed to find any evidence suggesting or implying that Mr Rhodes demonstrated any discriminatory behaviour towards the complainant.
The arbitrator concluded that the concerns brought up by the complainant did not constitute any form of victimisation or discrimination, thus, dismissing the grievances.