Courts / Ireland / Report

Care worker fired after complaining about respite centre's protocols wins €16k

Summary

An adjudicator awarded a care worker €16,800 in compensation for whistleblower penalisation after he was dismissed by a disability respite centre in the midlands. The worker alleged that on 17 December 2022, he was left alone to manage a non-verbal boy who was self-harming and aggressive, using beanbags and foam pads due to inadequate protocols. Two days later, after raising concerns with the programme manager, the worker was ordered off the site and summarily dismissed. The centre's management, represented by Des Kavanagh, alleged the worker's evidence was fabricated and that the incident was short-lived. However, a supervisor corroborated the worker's account, stating the incident lasted at least 30 minutes and that safety equipment was inadequate. Adjudicator Brian Dalton found that the worker was dismissed for making a complaint about his lack of equipment to handle the challenging situation. He determined that the employment would have continued but for the complaint. The adjudicator found the centre in breach of the Safety, Health and Welfare at Work Act 2005 and awarded six months' gross pay. He also upheld a complaint under the Protected Disclosures Act 2014 but made no further award to avoid double recovery. The adjudicator noted he could not rule on the adequacy of the centre's protocols due to the absence of expert witness testimony.

Who, what, where, when and why

What: Report matter: Care worker fired after complaining about respite centre's protocols wins €16k. Procedural stage: hearing_or_decision

When:

• 17 December Incident
• February 2024 Incident
• 19 December Other
• 21 December 2022 Other
• Christmas Incident
• 2025-10-17 Publication

Why: "It's a zero restraint unit… I couldn't perform my task because I wasn't sure how to do it under the rules they had set," the claimant said. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report