Claim for Penalisation under the Safety, Health and Welfare at Work Act 2005

Posted in : Supplementary Articles ROI on 16 March 2010
Natasha Canniffe
McCann FitzGerald
Issues covered:

Employers should be aware of the potential for claims by employees under the Safety Health and Welfare at Work Act, 2005 (“the 2005 Act”) under which there have been a number of recent decisions by the Rights Commissioner and the Labour Court.

We asked Natasha Canniffe of McCann FitzGerald to examine the provisions of Section 27 of the 2005 Act.

Under Section 27 of the 2005 Act employees are protected against penalisation as a direct consequence of complaints made by them to their employer of health and safety breaches in the workplace. The Rights Commissioner and the Labour Court on appeal, have unlimited jurisdiction to make awards against employers where they find that Section 27 has

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Natasha Canniffe
McCann FitzGerald

The main content of this article was provided by Natasha Canniffe. Contact telephone number is +353 1 611 9138 or email

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