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Worker's personal complaint covered by protected disclosure legislation, Supreme Court finds

Summary

The Supreme Court overturned a Labour Court ruling that a worker's personal complaint to his former employer was not a protected disclosure. The case involved Tibor Baranya, a Hungarian national who worked as a butcher for Rosderra Meats Group Ltd. After leaving in 2015, he returned and requested a different role due to pain. He claimed dismissal on the basis of a protected disclosure under Section 5 of the 2014 Protected Disclosures Act, while Rosderra argued he was dismissed for walking off a production line. The Labour Court and Workplace Relations Commission had classified his communication as a grievance, not a protected disclosure, and the High Court dismissed his claim. The Supreme Court held that the 2014 Act covers personal complaints in private employment and that the Labour Court erred by relying on a 2015 Code of Practice that misstates the law. The case was remitted for a fresh hearing.

Who, what, where, when and why

What: Report matter: Worker's personal complaint covered by protected disclosure legislation, Supreme Court finds. Procedural stage: hearing_or_decision

When:

• June 2015 Hearing Or Sentence
• July 2015 Hearing Or Sentence
• 2021-12-01 Publication

Why: The company disputes this and claims he was dismissed because he had walked off a production line. CNI source report

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report