Courts / Wexford / Report
Council worker further awarded after continuing to suffer 'ostracisation and penalisation'
Summary
The Workplace Relations Commission awarded €10,000 to Wexford County Council employee Patrick O'Connor, finding he continued to suffer penalisation and ostracisation for making a safety complaint. This follows a previous €20,000 award for similar treatment, which is currently under appeal to the Labour Court. In this second complaint under the Health, Safety and Welfare at Work Act 2005, O'Connor alleged ongoing ostracisation, denial of overtime, and an incident where a foreman allegedly shoved him from a pickup truck in October 2022. The council disputed the assault allegation but admitted its investigator fell ill, preventing the conclusion of the investigation. Adjudicator Roger McGrath ruled that the council's failure to conclude the investigation and produce the foreman as a witness amounted to penalisation, noting there was nothing to contradict O'Connor's testimony. The adjudicator described the council's inaction as "unacceptable" and found that O'Connor continued to suffer ostracisation, with colleagues dispersing when he entered the yard. While acknowledging the overtime issue was addressed to some degree, the tribunal noted the council failed to provide documentation proving O'Connor was not out of pocket. Consequently, the tribunal upheld the finding of penalisation and awarded the additional €10,000 compensation. The original decision remains subject to appeal, while this new award addresses the continuing nature of the alleged misconduct.
Who, what, where, when and why
What: Report matter: Council worker further awarded after continuing to suffer 'ostracisation and penalisation'. Procedural stage: trial
When:
- March 2023 Incident
- November 2019 Incident
- July 2021 Incident
- 30 October 2022 Incident
- January 2023 Incident
- June 2023 Other
- October 2022 Incident
- 2024-05-08 Publication
Why: Amanda Kane of the Local Government Management Agency (LGMA), appearing for Wexford County Council, said the investigation into the new complaint did not proceed because its investigator had fallen ill and accepted that her client "should have handled this matter better". CNI source report
Case subjects
Applicant
Applicant
Places mentioned
Topics
Related court reports
- 'Betrayal beyond words': victim of childhood abuse discovered husband was raping their daughter
- Man who raped and abused stepdaughter from age 6 refused permission to resile from guilty plea
- 'Come out, you Indians. I'll show you': man accused of racist attack in Cherrywood
- 'Danger to young girls' gets 11.5 years for rape of teenager
- Court refuses to reduce sentence for brothel keeper caught with child abuse material
- Brian Grendon to face non-jury trial for directing criminal gang
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request