The Labour Court rejected firefighter Eric Bollard’s appeal against a finding that Dublin Fire Brigade had not penalised him for raising safety concerns. In a determination signed on 12 March 2013, the Court upheld the Rights Commissioner’s decision that his complaints were not well founded.
Bollard said he reported defects in fire engines and refused to drive vehicles he considered unsafe. He argued that being transferred to other duties, left out of a meeting and called to discuss his concerns amounted to penalisation. The Brigade denied this, saying the assignments met operational needs and the meeting was intended to address his concerns.
The Court found that reports of vehicle defects could count as protected representations under the Safety, Health and Welfare at Work Act. But it found no evidence that Bollard suffered a detriment after his February report. His April transfer met service needs and did not affect his employment terms.
The June reassignment accommodated Bollard’s safety concerns, and he was not isolated from the meeting seeking a volunteer driver. The Court also found that a later meeting and offer of further training did not amount to coercion or penalisation.