Woman subjected to sexually inappropriate comments at Dublin gym has complaint dismissed
Darragh Mc Donagh
A woman who alleged she was subjected to sexually inappropriate and degrading comments about her body by two men at a Dublin gym has had a discrimination complaint dismissed because it was submitted 13 days late.
Maja Kovacevic brought a case against the West Wood Club in Clontarf under the Equal Status Act, alleging gender discrimination, sexual harassment, and victimisation following an incident at the gym in June 2025.
She told the Workplace Relations Commission (WRC) that she contacted An Garda Síochána, attended her GP, and required psychotherapy in the wake of the interaction.
The incident allegedly occurred when Ms Kovacevic entered the facility’s boxing hall on June 26 to carry out a yoga session while two men were training in a boxing ring.
Degrading comments
As she walked towards the mats, she overheard them making degrading comments about her body, with one of the men remarking that he could “train that ass”. She told the WRC that the men were laughing.
She initially attempted to ignore the remarks but felt upset and uncomfortable, so she decided to challenge their behaviour, questioning why they believed it was acceptable to speak about a woman in that manner.
She told the men that they should show respect for women, and indicated that she was in a committed relationship by showing a ring on her finger. Kovacevic alleged that one of the men responded that he was “not interested in white women”, while the other extended his arm to block her path.
When she reported the incident to the gym’s duty manager and returned with him to identify the individuals, Kovacevic alleged that one of the men moved towards her aggressively before being restrained by his companion.
Legal advice
She told the WRC adjudication hearing that she left the premises in tears before contacting An Garda Síochána, her GP, and seeking legal advice.
The West Wood Club denied that it had discriminated against, harassed, or victimised Kovacevic. Its general manager gave evidence that the matter had been taken seriously but a conflict of evidence emerged when interviewing the men involved.
The club accepted there were delays in its investigation, citing summer staff leave and incomplete contact details for trial members, but said it had since implemented a new formal harassment policy in August 2025.
In his decision, WRC adjudication officer Breiffni O’Neill noted that the Equal Status Act requires a complainant to notify a respondent in writing within two months of an alleged incident of discrimination.
Kovacevic mistakenly believed that she had six months to bring a claim, and had served written notice on the West Wood Club 13 days past the two-month deadline.
O’Neill said the statutory discretion to extend time applies only in exceptional circumstances, and ignorance of time limits or participation in internal complaints processes were insufficient.
He expressed sympathy for the distress experienced by Kovacevic but concluded that the WRC lacked jurisdiction to investigate the merits of the complaint.
