The Labour Court upheld a decision that Marian Nowak’s complaint against Moorehall Disability Services T/A Moorehall Living was not well founded. The ruling, dated 31 July 2024, concerned his claim that he was penalised and dismissed after raising protected disclosures.
Nowak said he raised concerns about residents’ care, medication and an unexplained €10 shortfall in a resident’s wallet. Moorehall denied that he made protected disclosures and said he was dismissed during probation because he had difficulty engaging effectively with residents.
The Court found that Nowak had not shown a reasonable or objective basis for believing relevant wrongdoing had occurred, so his disclosures did not meet the Act’s definition of protected disclosures. It concluded that he was not penalised for making one. The Court also refused his request to postpone the final hearing day after he reported being unwell, and decided the appeal on the evidence and submissions already presented.