Safety penalisation complaint against Clare Distribution Services fails

A WRC adjudication officer found that Luiz De Sousa Correa’s dismissal was not health and safety penalisation by Clare Distribution Services Limited. The decision was dated 7 October 2024. Correa said his van stopped after he entered a flooded road on 18 October 2023, forcing him onto its roof until passers-by rescued him. He said he was dismissed two days later. The company said his conduct during the incident caused significant vehicle damage and that he failed his probationary period. The WRC considered whether the dismissal was because of, or in retaliation for, Correa raising health and safety concerns. The officer found it was not: the dismissal followed negligent actions during the incident. The complaint was not well founded. The decision addressed only the alleged health and safety penalisation, not whether the dismissal was fair under employment law.