The Labour Court awarded Anna Monaghan €17,500 after finding that Aidan & Henrietta McGrath Partnership penalised her for a protected disclosure by suspending her from 20 June to 7 November 2014. In a determination dated 5 September 2016, the Court varied the Adjudication Officer’s decision and allowed Monaghan’s appeal in part.
Monaghan, a care assistant at Aras Chois Fharraige Nursing Home in Co Galway, said she raised concerns about residents’ care with her employer. The Court found that her disclosure on 29 April 2014 raised health and safety concerns and was an operative reason for her first suspension. It cited the suspension being imposed before she could comment on a draft investigation report, along with evidence about the Matron’s response.
The partnership argued that Monaghan’s letter was a grievance and that the suspensions were unrelated to any disclosure. The Court found her suspension from 7 November was instead linked to her failure to provide required regulatory documents. It also found insufficient evidence to support her allegations of intimidation, bullying, alienation, harassment and victimisation.