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WRC rejects discrimination and penalisation complaints against Johnson & Johnson Visual Care

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission dismissed eight complaints by Daniel Nedelcu against Johnson & Johnson Visual Care (Ireland), including claims of discrimination, victimisation and penalisation. The decision was dated 8 February 2022.

The WRC found the family status and age complaints were brought outside the time limit. It dismissed the race complaint because Nedelcu had not established a factual basis for an inference of discrimination, and found the victimisation claims misconceived because he had not identified a protected act as the cause of the alleged detriment.

The officer also dismissed the penalisation complaints under the employment information, safety and health, and corruption legislation. They repeated allegations pursued under other legal headings, and the safety claim did not establish an operative cause linking a protected act to the alleged detriment.

Nedelcu said he raised safety concerns and believed his contract ended early after complaints. The WRC treated Johnson & Johnson Visual Care (Ireland) as the respondent for the equality complaints, despite Nedelcu working through an agency arrangement. He had sought €1.5 million in compensation; the WRC made no compensation award.

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