The Workplace Relations Commission (WRC) has ordered the Killarney Advertiser to pay
€45,000 in compensation to former employee Laura O’Regan, who claimed she was unfairly
dismissed after raising safety concerns. O’Regan, a receptionist and sales agent, had made
a formal complaint about feeling unsafe at work due to regular visits by an intoxicated rough
sleeper. The WRC ruled that her dismissal constituted an unfair termination, as it was related
to a protected disclosure of health and safety concerns.
Safety Issues and Incident with Rough Sleeper
Starting in May 2019, a rough sleeper, referred to as “Mr J,” began frequenting the Killarney
Advertiser office, often in an intoxicated and aggressive state. Despite Ms.’ O’Regan
expressing discomfort and raising concerns with her manager, the man continued to visit,
displaying erratic behaviour and using abusive language. Although the general manager
suggested installing a security gate to prevent his entry, no physical security measures were
implemented. Ms. O’Regan described feeling increasingly unsafe and eventually involved
the gardaí after a particularly alarming incident, escalating her concerns to the company’s
health and safety officer.
Protected Disclosure and Subsequent Dismissal
On September 18, 2019, after making her official report, Ms. O’Regan was unexpectedly
reprimanded by company director Cormac Casey. According to Ms. O’Regan, Mr. Casey
dismissed her concerns with remarks suggesting a “baseball bat” could be kept for
protection. Following additional criticism from other directors, Ms. O’Regan was informed on
September 27, 2019, that her employment was being terminated due to alleged poor sales
performance, although she stated her targets had not been previously discussed or identified
as problematic.
WRC Findings and Compensation Award
In her ruling, WRC adjudication officer Maria Kelly determined that Ms. O’Regan’s email to
the health and safety officer constituted a protected disclosure rather than a personal
grievance. Ms. Kelly noted that management’s response appeared to stem from frustration
over the handling of the issue, rather than genuine concerns about MMs. O’Regan’s job
performance. She found it implausible that management had intended to dismiss her before
her complaint was made. Concluding that her dismissal was directly linked to her protected
disclosure, Ms. Kelly ordered the Killarney Advertiser to pay €45,000 in compensation,
highlighting the importance of a safe working environment and the protection of employees
who raise genuine safety concerns.
