The Labour Court rejected Mark Clarke’s appeal against a finding that Deslend Ltd had not penalised him for reporting a workplace safety incident. The Court found the complaint was not well founded and dated its determination 30 August 2017.
Clarke said the report to the Health and Safety Authority was followed by intimidation, reassignment to different sites and his dismissal during probation. Deslend Ltd said his employment ended because of poor probation assessments and an unsatisfactory absence record.
The Court accepted that Clarke’s wife had acted as his authorised agent in sending the report, so it was a protected complaint. It found supervisors’ assessments and Clarke’s absence record led to his dismissal, with no causal link to the report.