The Labour Court upheld the rejection of Mariusz Kowalski’s two appeals alleging that Tesco Ireland Limited penalised him for raising workplace safety concerns. The determination was signed on 29 October 2013.
Kowalski said work targets were unsafe and that he was disciplined after raising concerns. Tesco Ireland Limited said the performance standards were agreed with the union, applied consistently and that it provided training and support. The Court said it had no jurisdiction to decide whether the targets complied with safety regulations. It found that discipline, including termination of his employment, followed his failure to meet the agreed standards despite support and training, and was unrelated to his safety representations. Both complaints were found not well founded and the appeals were not allowed.