The Labour Court upheld the finding that Gheorghe Daniel Marcu’s health and safety penalisation complaint against Dangan Group was not well founded. His appeal failed. The determination was signed on 15 February 2023.
Marcu said he was penalised after raising health and safety concerns about a task he was asked to perform. He said he was moved to night work and then placed on lay-off. Dangan Group said he was laid off after refusing a task required under the work specification, and denied that he had made a protected health and safety complaint.
The Court found that Marcu had not made a protected complaint to his employer. It relied on correspondence that did not mention health and safety concerns and witness evidence that none were raised at the relevant meeting. A protected complaint is one made to an employer, safety representative or the relevant authority about a health, safety or welfare matter at work. The Court concluded that the penalisation complaint must fail, and the appeal failed.