Labour Court overturns €8,000 award against ESB

The Labour Court overturned an €8,000 penalisation award against the Electricity Supply Board (ESB), upholding the ESB’s appeal in a determination dated 4 March 2011. The worker’s separate appeal for a higher award was rejected. The worker said the ESB dismissed her in retaliation for complaining about bullying by her line manager. The ESB said it dismissed her over continuing performance concerns during probation. The Court found that the bullying complaint was protected under health and safety law, but was not the main reason for dismissal. It cited performance concerns raised early and throughout probation, the lack of a suitable alternative role and the approaching end of her probation.