The Labour Court increased the compensation for Micheal O' Donovan to €30,000 after finding that Noonan Services Group Limited penalised him for making workplace complaints. The determination was signed on 19 January 2022, and the Court varied the earlier €16,000 award on the employer’s appeal, which failed.
O' Donovan worked in the cleaning division of a shopping centre. He said he was moved to a job with lower pay and fewer hours after complaining about his supervisor. The employer disputed that the transfer was penalisation and said it was intended to separate him from the supervisor.
The Court found that he would not have been transferred but for his complaints and that the new post had worse terms and reduced his earnings. It held that the transfer amounted to penalisation under the Safety, Health and Welfare at Work Act 2005.