Fingal County Council v John O'Brien [2018]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. PDD184
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Whistleblowing (Protected Disclosures)
Issues covered: Section 12(2), Protected Disclosures Act, 2014; Penalisation

This case involved an appeal by the complainant against the Adjudication Officer's decision that his complaint of penalisation was not well-founded. The complainant submitted that he made two protected disclosures within the meaning of the Act and alleges that he was penalised as a consequence of making the protected disclosure.

In particular, he claimed that this was evident by the fact he was transferred to a new role which he considered a demotion. He alleged that as a result of his new role he was marginalised and lost standing in the eyes of his colleagues. However, he did not suffer a reduction in salary or benefits.

The respondent denied that the transfer was as a result of the

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This article is correct at 07/06/2018

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