A recent ruling by the Workplace Relations Commission (WRC) has resulted in a €20,000 compensation award for an office worker who was made redundant after raising health and safety concerns. The case highlights important issues surrounding workplace safety, part-time employee rights, and fair treatment in redundancy decisions.
Long-Serving Employee Faces Workplace Challenges
Patricia Higgins had been employed at the Heaney Meats factory shop in Galway for 14 years before being made redundant in September 2022. After the business transitioned to new ownership under Cruinniú Bia Ltd, she continued in her part-time administrative role. The WRC heard that in April 2022, a new general manager asked if she would consider switching to full-time hours, but she declined, citing lower hourly earnings and increased childcare costs.
Following this, Ms Higgins claimed she experienced changes to her working conditions, including the need to hot-desk without a permanent workstation. On one occasion, she found herself working in an office where a tradesman was using an angle grinder to cut a hole in the roof above her desk. She later lodged a complaint regarding health and safety concerns and alleged workplace bullying.
Redundancy Decision and Tribunal Findings
In August 2022, Ms Higgins was informed by the company’s HR manager that she was being made redundant. The tribunal heard that she was not provided with an appeal process and was not permitted to work out her notice period in the office. The company defended its actions, citing financial challenges and restructuring efforts following food safety compliance issues. It also argued that redundancy was necessary, and that Ms Higgins had been offered alternatives.
However, adjudicator Louise Boyle ruled that Ms Higgins’ redundancy was directly linked to her health and safety complaint, describing the company’s approach as showing “complete disregard” for its duty to provide a safe working environment.
Workplace Rights Breaches and Compensation Award
The WRC found that Ms Higgins had been penalised for raising a legitimate health and safety concern, awarding her €15,000 under the Safety, Health and Welfare at Work Act 2005. Additionally, the tribunal determined that she had been treated less favourably than full-time colleagues, breaching the Protection of Employees (Part-Time Work) Act 2001. For this, she was awarded a further €5,000.
This case serves as a significant reminder for employers about the importance of fair treatment, workplace safety, and adherence to employment protections.
