HSE defeats WRC protected-disclosure complaint by Gabriel Germino

The Health Service Executive prevailed in a WRC protected-disclosure complaint by employee Gabriel Germino. The decision, dated 22 April 2024, found the complaint was not well founded. Germino said his safety concerns about reducing night-shift site managers, including an email and risk assessment, were a protected disclosure and that his suspension and disciplinary process were penalisation. The HSE said the matters raised were not a protected disclosure and the disciplinary process arose from separate conduct issues. The adjudication officer found that the email and incomplete risk assessment did not disclose relevant wrongdoing, and that the suspension and disciplinary process arose from separate circumstances. A second complaint under the Health Act was withdrawn at adjudication.