A Kerry-based freesheet newspaper, the Killarney Advertiser, has been ordered to pay €45,000 in compensation to a former receptionist and sales agent. Laura O’Regan was dismissed after raising concerns about feeling unsafe due to repeated visits from a drunken rough sleeper.
Unsafe Working Environment
The Workplace Relations Commission (WRC) ruled that Ms. O’Regan’s dismissal constituted unfair dismissal. Her complaint stemmed from the persistent presence of a rough sleeper, identified only as Mr. J, who frequented the newspaper’s office. Mr. J’s behavior escalated, becoming increasingly argumentative, aggressive, and verbally abusive towards Ms. O’Regan. On several occasions, she felt threatened enough to call her boyfriend for assistance, and once, staff members had to physically remove Mr. J from the premises.
Protected Disclosure and Dismissal
Ms. O’Regan reported her concerns to her manager, who, along with the editor, instructed Mr. J not to return. However, he continued to appear, prompting Ms. O’Regan to formally complain to gardaí. She subsequently sent an email to the company’s health and safety officer, which she considered a protected disclosure.
Following this, Ms. O’Regan was summoned to a meeting with the managing director, Cormac Casey, and general manager, Aidan Quirke, where she was reprimanded for raising the issue. Mr. Casey suggested she could defend herself with a baseball bat, a suggestion Ms. O’Regan found alarming. Days later, Ms. O’Regan received further criticism from director Noelle Casey, who expressed annoyance at the “costly dysfunctional process” of handling the complaint. Ultimately, Ms. O’Regan was informed that her employment was terminated, citing poor sales performance, a claim she refuted.
WRC Ruling
WRC adjudication officer Maria Kelly ruled in favor of Ms. O’Regan, finding that her dismissal was directly connected to her protected disclosure. Ms. Kelly stated that Ms. O’Regan’s email constituted a legitimate safety concern, and the company’s response, particularly Mr. Casey’s anger and the suggestion of a baseball bat, demonstrated a lack of appropriate handling of the situation. The WRC ordered the Killarney Advertiser to pay Ms. O’Regan €45,000 in compensation.
This case highlights the importance of employers taking employee safety concerns seriously and ensuring a safe working environment. Employers should also be aware of their obligations regarding protected disclosures and handle such situations with sensitivity and professionalism.
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