The Labour Court rejected Andrzej Gorzelak’s appeal against Healthy Buildings (Ireland) Ltd, finding his dismissal was not shown to be connected to a safety complaint. The determination was dated 11 March 2011. Gorzelak said he was dismissed after refusing to clean a water tank at a Portumna site because he considered the work unsafe. The company said the dismissal followed performance and conduct concerns, including a serious complaint from a client. The Court accepted that Gorzelak made a safety complaint on 3 July 2007, but found the company’s managing and sales directors learned of it only after his dismissal. It concluded the complaint was not an operative reason for the dismissal and upheld the Rights Commissioner’s decision that penalisation had not been made out.