The Labour Court found that the National Council For Special Education penalised worker Máire Aherne by removing her from her voluntary Lead Worker Representative duties after she raised workplace safety concerns. It overturned the adjudication officer’s decision in a determination dated 10 June 2022.
Aherne argued that both her removal from the role and disciplinary action, including a final written warning, were retaliation for raising concerns about school visit instructions during the pandemic. The Council said it disciplined her because she did not follow an instruction to arrange and attend school visits.
The Court found the removal was a reprimand in response to a protected safety complaint, and therefore penalisation under the Safety, Health and Welfare at Work Act, 2005. It declined compensation, finding the impact of losing the unpaid voluntary duties was minimal. The Court rejected the appeal concerning disciplinary action, which it found arose from Aherne’s failure to follow a legitimate instruction.