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Labour Court upholds decision against Bord Gais Eireann in safety penalisation appeal

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court rejected Szymon Cimerowski’s appeal against a Rights Commissioner’s decision on his penalisation complaint against Bord Gais Eireann. The Court upheld the original decision, dated 16 April 2012.

Cimerowski said the company penalised him for raising safety concerns about gas transmission, citing changes to his duties, isolation from colleagues, denied training and the non-renewal of his contract. Bord Gais Eireann argued that his engineering proposals were not protected representations under the Safety, Health and Welfare at Work Act 2005.

The Court found the proposals were not representations about safety, health or welfare at work under the Act. It also found no evidence linking them to the alleged adverse treatment, and said directing him to other work was a reasonable response. It found that his denial of training and the end of his employment were not related to his representations.

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