Labour Court dismisses Colm Mc Namee’s protected disclosure appeal

The Labour Court dismissed Colm Mc Namee’s appeal against the rejection of his protected disclosure complaint against Mountrath Amalgamated Cep Ltd. The determination was dated 16 January 2020. The Court found that no penalisation occurred and affirmed the Adjudication Officer’s decision. Mc Namee said he was penalised after making a protected disclosure at a board meeting in June 2016, pointing to his termination and the non-payment of accrued annual leave. The employer disputed that he had made a disclosure and said the leave issue arose from confusion over accrual during sick leave; it said the outstanding payments had been made. The Court found the annual leave issue would have arisen even if Mc Namee had not made a protected disclosure. It concluded the non-payment was unrelated to the disclosure and that no penalisation occurred.