The Labour Court upheld Margaret Bailey’s appeal and set aside a €5,000 penalisation award to Lisa Farrell. The decision was signed on 11 August 2010.
Farrell had said the salon penalised her by refusing reduced hours, failing to consider alternatives and not carrying out a risk assessment. The Rights Commissioner had found penalisation and required Bailey, who traded as Finesse Beauty Salon, to pay €5,000.
The Labour Court found Bailey’s decision to refuse reduced hours was unrelated to any health and safety representation or complaint by Farrell. It said the failure to carry out a risk assessment did not, by itself, constitute penalisation.
Farrell also appealed the amount of the original award. The determination records the Court’s decision to uphold Bailey’s appeal and set aside the Rights Commissioner’s decision.