WRC rejects Solvar photographer’s complaints over NJO jewellery work

The Workplace Relations Commission found Donal Herlihy’s complaints against Solvar Limited were not well founded, ruling that photographing jewellery for an associated business did not change his employment terms and that a disciplinary warning was not penalisation. The decision was dated 31 May 2023. Herlihy, a graphic designer and photographer, said he had not been notified in writing of a change to his terms when asked to photograph jewellery for NJO. Solvar said the work fell within his existing duties and followed its acquisition of NJO Designs Limited. The WRC found the work had not changed, only the type of jewellery he was asked to photograph. Herlihy also argued that he was penalised for raising concerns about his terms. The WRC found the disciplinary process was started because he refused an instruction to photograph NJO products, and that this was the employer’s primary motivation. It concluded he had not established penalisation. The decision notes that related Industrial Relations and unfair dismissal claims were dealt with separately.