€36,000 for worker fired after safety complaint

A Cork transport company has been ordered to pay a former worker more than €36,000 in compensation for illegally sacking him because he had made a complaint to the Health and Safety Authority about potentially dangerous conditions at the firm.

The Employment Appeals Tribunal ruled that Denis J Downey, a haulage and warehousing firm based at Coolmona, Donoughmore, Co Cork, wrongfully dismissed a worker because health and safety legislation prevented an employer from penalising or threatening to penalise any worker for making a complaint to a safety representative, employer, or the Health and Safety Authority about any matters relation to health, safety, and welfare at work.

The tribunal heard that Richard Doody, of The Terrace, Cecilstown, Mallow, Co Cork, was fired on Oct 30, 2010.

The company admitted the decision to dismiss Mr Doody was directly linked to a complaint he had made about the firm to the HSA.

Managing director Denis Downey said the decision to terminate Mr Doody’s employment arose out of a sense of betrayal after they discovered he had made a complaint against the firm.

Mr Doody, however, told the tribunal he had certain concerns about the manner in which the transportation of hazardous cargoes was being documented by the company. He said he made a formal complaint to the HSA after he had tried to raise the issue a number of times within his workplace. Mr Doody said he understood his identity would not be made known to his employer.

The tribunal awarded him a total of €36,050 in compensation.