The Labour Court dismissed Christopher Carey’s appeal and affirmed the Rights Commissioner’s decision that Heatons had not penalised him for raising health and safety concerns. The determination was signed on 11 April 2012. Carey alleged that Heatons dismissed him after he raised safety issues in its store. Heatons denied he made such complaints and said it dismissed him during probation for underperformance amid falling trade. The Court heard evidence from Carey and the store manager who decided to terminate his employment. It accepted that Carey had received negative performance reviews and found underperformance was the operative reason for his dismissal.