The WRC found Barry Fitzgerald was not unfairly dismissed after rejecting his claim that Watermark Coffee Technology Limited dismissed him for raising workplace safety concerns. The decision, made by adjudication officer Michael MacNamee, was dated 1 May 2025.
Fitzgerald alleged he raised concerns about unsafe connections on commercial coffee machines and other safety matters. The company denied receiving such complaints and said he was dismissed during probation for performance and conduct reasons. The officer found the alleged communications lacked enough factual detail to establish a protected disclosure, and that any presumption in Fitzgerald’s favour was rebutted. As Fitzgerald had less than 12 months’ service and the Protected Disclosures Act did not apply, he could not maintain the unfair dismissal claim. No award was made.