A care worker's complaints about fatiguing shift patterns were found to constitute protected acts, and subsequent performance criticism and a letter of concern during probation were deemed penalisation, resulting in a €2,500 award.

The Complainant gave evidence that she had raised concerns in May 2025 regarding an onerous shift pattern that caused fatigue due to extensive driving and client visits. She was assured that the issue would be resolved within a month, but no change occurred, prompting her to raise it again in August 2025. Although she initially received a positive probation review, she was later criticised for alleged performance issues, which she believed were unfounded. She stated that she did not challenge these criticisms due to her