
The Bar of Ireland
Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney
Tel: (087) 4361270
Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service. He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.
Background:
The Complainant, employed from November 2018, managed the front desk and worked in sales for her employer. She experienced escalating harassment from Mr. J, a local man who repeatedly visited the office, intimidating and using abusive language. Although management was informed, preventative measures were minimal, and the gate promised by the General Manager was never installed. Following an incident in September 2019, where she called the Gardaí, the complainant reported her safety concerns to the Health and Safety Officer, which she argued was a protected disclosure. The complainant was subsequently reprimanded by management and unexpectedly dismissed on September 27, 2019. She argued her dismissal was retaliatory due to her protected disclosure about workplace safety under the Protected Disclosures Act 2014, asserting that this action constituted unfair dismissal. Legal submissions highlight the Unfair Dismissals Act's amendment to include protections for employees dismissed for making protected disclosures, irrespective of their length of service, and increasing potential compensation. She seeks an award of compensation, contending her dismissal stemmed primarily from her protected disclosure.
The Respondent claimed the Complainant, employed as an Advertising Salesperson/Receptionist, started in November 2018 with her role involving sales and client engagement. By mid-2019, declining sales prompted the management team to discuss increasing client interactions, but the Complainant did not meet these expectations. In August 2019, discussions led to the decision to restructure and terminate her position, partly due to inadequate sales performance. On September 18, she raised a health and safety concern, but management claims this had no bearing on her dismissal. She was informed of her dismissal on September 27, citing declining sales and operational needs. The Respondent asserted her dismissal was unrelated to the health and safety complaint and references her limited tenure as ineligible for unfair dismissal protections. The Respondent also argues she failed to meet required job standards, contributing to her termination.
Finding:
The Adjudicating Officer found that the Complainant was unfairly dismissed due to her formal health and safety complaint made on 18 September 2019. Despite the Respondent’s assertion that her dismissal was due to performance issues, evidence indicated no prior performance reviews or warnings had been issued. Instead, management’s response to her protected disclosure—expressing concerns about her safety and requesting additional protective measures—appeared to influence her termination on 27 September 2019. The Complainant's evidence, corroborated by her line manager, highlighted her legitimate safety concerns. Moreover, communication from management showed frustration with the complaint process rather than any documented performance concerns. The Complainant sought compensation as redress, which was granted given her efforts to seek alternative employment, despite challenges posed by the COVID-19 pandemic. She was awarded €45,000 in compensation. This decision rests on evidence that her dismissal was causally connected to her protected disclosure, entitling her to protections under the Unfair Dismissals Act.
Practical Guidance for Employers:
Employers should:
- Address Complaints Promptly: Take all health and safety complaints seriously and respond with appropriate measures to ensure a safe working environment.
- Implement Promised Safety Measures: If specific safety measures are promised (e.g., installing a protective gate), ensure they are completed to demonstrate commitment to employee well-being.
- Document Performance Issues: If performance issues arise, document them through formal reviews or warnings to avoid misinterpretation of dismissal reasons.
- Avoid Retaliation for Protected Disclosures: Be aware of protections under the Protected Disclosures Act; employees should feel secure when raising safety concerns.
- Provide Clear Communication: Maintain open, supportive communication with employees who raise concerns, emphasising resolution rather than reprimand.
The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/october/adj-00027676.html
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial