The local periodical, Killarney Advertiser, was unsuccessful in persuading a tribunal that its proposition to equip a receptionist with a baseball bat to handle a recurrently drunk homeless man at their office was a figurative speech, and has been directed to give her €45,000 as compensation after her wrongful dismissal following a formal health and safety complaint.
The board at the Workplace Relations Commission (WRC) learnt that after the office crew requested the go-ahead from the managing director for gate installation as a safety provision, he offered to buy the receptionist a baseball bat for her desk, and labelled the gate-installation plan as futile. The director, however, stated that his remark was an analogy to emphasise that the firm would take any steps necessary to safeguard its employees.
The tribunal has mandated the free newspaper’s publisher to compensate the receptionist, Laura O’Regan, nearly two years’ worth of gross income, after deciding she was unjustly fired for making a law-protected disclosure, violating the Unfair Dismissals Act 1977. The ruling was delivered to the involved parties over five years post Ms O’Regan’s termination in September 2019 and was publicised on Thursday by the WRC.
Ms O’Regan’s testimony indicated that starting from May 2019, a homeless man would frequently visit their office, leaving her feeling persistently threatened.
She communicated to the periodical’s editor the seriousness of the circumstances with discussions surrounding gate installation at the front desk for regulating access. However, despite taking measurements, the gate installation never occurred.
The WRC was made aware of conflicting reports from a sequence of meetings that ensued. Ms O’Regan reported that following her complaint, she was summoned to an impromptu meeting with the editor, the manager, and the proprietor of the newspaper, Cormac Casey, where they expressed their displeasure towards her.
According to the claimant, Mr Casey dismissed her concerns, claiming there was no need to voice them in writing, and instead proposed offering her a baseball bat for protection behind the counter. Subsequently, she was sacked the next Friday, as the managing director handed over a letter notifying her of her employment termination due to alleged “performance issues”. When Ms O’Regan queried if her dismissal was related to her health and safety report, the manager didn’t respond, staring at the floor instead.
Representing the company during 2022 tribunal hearings, Gavin Cumiskey from Peninsula Business Services defended the dismissal on the grounds that the company’s overall needs and her line manager’s direct feedback were the reasons for her termination. He stated that the line manager believed Ms O’Regan was not capable of handling her responsibilities during the manager’s maternity leave, and additionally, cited declining sales and sales activity.
However, it was ruled by Adjudicator Maria Kelly that Ms O’Regan’s safety concern, which stemmed from fears for her own and her colleagues’ safety, constituted a protected disclosure. Kelly expressed that there was a fair expectation by Ms O’Regan that a discussed control gate would be put up. The publishing company was therefore commanded to recompense Ms O’Regan with €45,000 in damages, a sum equalling nearly 98 weeks of her gross earnings.