The Labour Court allowed Colm Wogan’s appeal and found that G4S Secure Solutions Ltd T/A G4S penalised him by transferring him from the Cadbury site after he raised health and safety concerns. The determination was signed on 11 August 2014. The Court ordered G4S to reinstate Wogan and make good any resulting loss of earnings, including the site allowance.
Wogan, represented by Services Industrial Professional Technical Union, said he raised concerns about proposed rosters, including a 14-hour shift. G4S said the transfer followed his refusal to train a new officer and that his contract allowed assignment to any site. It accepted that he lost the site-specific allowance.
The Court found the transfer followed shortly after Wogan’s safety complaint. G4S did not explain the delay or short notice, and the alleged training incident appeared to be a cover for the transfer.