The Workplace Relations Commission awarded Arlene McGovern €14,000 after finding that Ohana Day Care Limited penalised her for raising concerns about child-to-staff ratios at its crèche. The decision was dated 28 April 2023.
McGovern said she raised concerns at a staff meeting about ratios and lunch cover, then faced an intimidating investigation into a colleague’s complaint. The employer disputed that she had made a protected disclosure or was penalised. The adjudicator found that McGovern had raised a potential safety risk and that the investigation would not have happened but for her speaking up.
The award was equivalent to six months’ gross pay. The WRC also directed the employer to improve communication with employees about health and safety risks. McGovern was working again three weeks after resigning, which the adjudicator said mitigated her loss of earnings. Her complaint under the Protected Disclosures Act was also upheld, but no separate award was made under that law. A complaint under the Unfair Dismissals Act was withdrawn at the hearing.