Largest Award Granted Under Health, Safety and Welfare at Work Act 2005

Last updated: August 29th, 2023

Background

The complainant was employed for over 34 years as an Office Manager in a small, family run drugs company. The complainant lodged claims under both the Unfair Dismissal Act 1977 – 2007 and Safety Health and Welfare Act, 2005. Employers are expressly prohibited under the 2005 Act from penalising employees who raise issues in relation to safety, health and welfare in the workplace.

The complainant elected to pursue the complaint under the Safety, Health and Welfare at Work Act, 2005 as relief cannot be granted under both Acts. The potential compensation which can be awarded under the Act is a sum which is “just and equitable in all the circumstances”. As such, there is no cap on a potential award for dismissal under the 2005 Act. The award given is at the discretion of the adjudicator officer or Labour Court Chair.

Summary of the Complainant’s Case

The complainants’ boss passed away and his widow subsequently took over the running of the business. The complainant had a difficult working relationship with her new manager and claimed that this was affecting her health. She raised these concerns to another Director of the company – her new manager’s son – however, no action or improvement in behaviours were forthcoming. The complainant lodged a formal grievance in relation to bullying and health and safety concerns.

The complainant submitted a grievance to her employer and two weeks later she was summarily dismissed. The dismissal letter made specific reference to her dismissal being related to her raising a grievance.

Summary of the Respondent’s Case

The respondent said that the complainant was not penalised within the meaning of the Act, rather that there was a breakdown in the relationship between the two parties. The respondent submitted that the complainant took on additional duties of her own accord, she took long unauthorised breaks, her expectation regarding annual leave was unreasonable and her attendance was unacceptable.

The respondent argued that the complainant was difficult to manage and refused to engage with her regarding operational issues. The respondent was unable to manage the complainant and for that reason wanted to dismiss her. A verbal warning was issued in May 2016.

Following the warning being issued, the complainant was absent from work due to work-related stress (stemming from the health and safety concerns in the workplace). The respondent argued that “they were deeply frustrated with the claimant’s behaviour and attitude to work. Her absence from work confirmed that for them, they could manage without her and that the atmosphere had improved in her absence and took the decision to terminate her employment. The question of health and safety or the Claimant’s expressed concerns were not factors in the decision.”

Finding

The Adjudication Officer said, “It is simply not credible that the complainant turned into the employee from hell as submitted by the respondent having given 30 years of unimpeachable service to the point at which it is alleged she acted in such an offensive and reprehensible manner.”

The Adjudication Officer also noted that if the claimant’s behaviour was unacceptable, the respondent should have managed this in line with company procedures. The Adjudication Officer found that the complaint was well founded and required that the respondent pay the complainant €159,705 in compensation for breach of s. 27 of the Act.

Learning Points

  1. Section 27 of The Health, Safety and Welfare Act, 2005 prohibits an employer from penalising or threatening to penalise an employee with respect to any terms or condition of his/her employment, where the employee is;
  • acting in accordance with health and safety legislation or performing any duty or exercising any right under safety and health legislation,
  • making a complaint or a representation about safety, health or welfare at work to his or her safety representative, to their employer or to the Health and Safety Authority,
  • giving evidence at any prosecutions or other legal proceedings taken by the Authority, or on behalf of the Authority,
  • a safety representative or an employee having duties in an emergency, or a competent person appointed under Section 18, or
  • leaving or refusing to return to the place of work when he or she reasonably considers that there is serious or imminent danger which the employee could not reasonably have dealt with, or for taking or proposing to take appropriate steps to protect himself or herself or other persons from the danger considering the circumstances and the means and advice available to him or her at the relevant time.
  1. Where there are both misconduct issues and a grievance pending, it’s important to ensure both matters are dealt with in line with natural justice and fair procedure prior to reaching a decision to dismiss.
  2. An employee can elect to take a claim under the 2005 Act rather than the Unfair Dismissal Act. The scope for compensation under this Act is greater than the maximum two years’ remuneration under Unfair Dismissal legislation. The legislation clearly sets out an employer’s obligation to provide a safe place to work for their employees. If an employee raises health and safety concerns, it is important the concerns are addressed within an appropriate time frame to avoid exposure to litigation.

If you have any questions relating to this article please contact the advice line on 01 886 0350

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Latest Resources

Employer’s guide to lay-off in Ireland

lay-off in Ireland
It’s common for businesses facing a downturn in trade to let employees go on a temporary basis. As an employer, you may also need to […]

Long-term sickness absence: When to conduct an informal welfare meeting

Everyone gets sick, so short-term sickness absence is something all employers will have to deal with from time to time and tends to cause minimal […]

Notice periods: an employer’s guide

Notice periods: an employer’s guide
Notice Period: Within a business, it’s constantly necessary to re-evaluate and adjust workforce planning. Whether this is due to employees looking for different career paths […]

Olga Shevchenko

Director/Advocate, Immigration Advice Bureau

Olga Shevchenko specialises in immigration advocacy and consultancy, in particular, employment permit, visas, family reunification, citizenship, etc, for those seeking to visit, reside or invest in Ireland.

Olga provides extensive information, knowledge, and support to her clients, enabling access to positive solutions for people struggling to handle the immigration law.

Minister Neale Richmond

Minister of State, Department of Enterprise, Trade and Employment

Neale Richmond TD was appointed as Minister of State at the Department of Enterprise, Trade and Employment with special responsibility for Employment Affairs and Retail Business and the Department of Social Protection in January 2023.

Much of his work at the Department of Enterprise, Trade and Employment is with businesses, workers, their representative bodies and the State Agencies to ensure that the economic recovery and growth extends to all parts of the country. He works closely with the SME sector, including retail, on building resilience and on the transition to the green and digital economies.

Mark Carpenter

Director of Regulatory & Corporate Affairs, Sky

Mark Carpenter is Director of Regulatory & Corporate Affairs at Sky Ireland. In this role he has responsibility for External and Internal Communications, Public Policy and Regulatory Affairs and the company’s ‘Bigger Picture’ (CSR) programme. He also works closely with Sky Group teams on a variety of matters, in particular our partnerships with domestic broadcasters.

Prior to working at Sky, Mark worked as a Policy Officer in Houses of the Oireachtas and as a Management Consultant at Accenture. He has a BA in History from Oxford University and a PhD in Political Science from Trinity College Dublin.

Nora Cashe

Litigation and Compliance Manager, Peninsula

Nóra studied Law in Griffith College Dublin and qualified as a Barrister in 2008, practising in the area of Criminal law. She is also member of the Irish Employment Law Association.

Nora has extensive experience representing clients at Employment Tribunal hearings, Conciliation / Mediation meetings before both the Workplace Relations Commission and the Labour Court. 

Nóra is a member of the Irish Employment Law Association and engages with the WRC Adjudication Service as part of their stakeholder engagement forum.

Deiric McCann

Managing Director, Genos International Europe

Deiric McCann leads Genos International Europe – The EU division of a world-leading provider of emotional intelligence solutions. 

With over two decades experience at the highest levels of management, Deiric supports clients to develop the resilience, emotional intelligence, psychological safety and engagements of their employees.

Rhiannon Coyne

Senior HR Consultant, Graphite HRM

Rhiannon Coyne is a Senior HR Consultant at Graphite HRM and will be providing an overview of best practice on how to deal with complaints of bullying and harassment in the workplace. 

With a number of recent updates to employment laws, Rhiannon will take a closer look at employment equality and how it is interlinked to Health & Safety and what employers can learn from recent case laws.

David Begg

Chairman, Workplace Relations Commission

David Begg was appointed Chairperson of the Workplace Relations Commission (WRC) in January 2021.

David is also a professor at Maynooth University Institute of Social Sciences. Mr Begg’s extensive history in the trade union movement included leading the ESB Officers Association and Irish Congress of Trade Unions, stepping away from the latter in 2001 to chair international aid agency Concern.

David Begg was also previously a director of the Central Bank of Ireland between 1995 and 2010.