Fired receptionist at Kerry Freesheet compensated for disclosing protected security information

The company disputed this claim and argued that Ms O’Regan was dismissed because she had not performed her work to the required standard and had failed to meet her advertising sales targets. Ms O’Regan was made redundant on September 27, 2019, after almost 11 months working as a receptionist and sales agent.

The WRC has learned that a man who lived rough in Killarney began calling the newspaper’s offices in May 2019. However, the man, identified only as Mr J, began looking at Ms O’Regan and ask him questions during repeated visits. .

She told her manager that she was uncomfortable with Mr. J being in the office and the manager and editor told her that he should not call into the building. However, he continued to call approximately twice a week in an intoxicated state and became argumentative and at times aggressive when asked to leave, including using vile and abusive language towards Ms O’Regan and indicating that he wanted a girlfriend.

On one occasion, she called her boyfriend to escort her out of the office, while on another occasion Mr J was kicked out of the office by several male staff members. The WRC has learned that the newspaper’s managing director, Aidan Quirke, had indicated that a door would be installed to prevent unauthorized people from entering the office, but this did not happen.

Protected disclosure

Ms O’Regan said she made a formal complaint to gardaí about an incident involving Mr J on September 18, 2019, when she feared for his safety, but he left the office before their arrival. She then sent an email to the company’s health and safety manager which she said constituted a protected disclosure.

Ms O’Regan described being called into an unscheduled meeting the next day with the company’s chief executive, Cormac Casey, and Mr Quirke, during which she was reprimanded for complaining to the health officer and security. She said Mr. Casey told her he would put a baseball bat under the counter that she could use to defend herself.

Answer

On September 20, 2019, Ms O’Regan said she was verbally reprimanded by company director Noelle Casey over the matter and also criticized by Mr Casey because it had been “outsourced” and would cost her money in what it claimed was “a costly dysfunctional process” that would result in disciplinary action against staff.

Mr Quirke told her a week later that she was no longer employed by the company. When she asked why she was fired, she was told that the company was not doing well.

Ms O’Regan recalled that Mr Quirke suggested it was because she had failed to meet two out of four sales targets, which she said was incorrect. She told WRC that her performance had never improved before the day she was fired.

THE Killarney Advertiser claimed to have noticed a drop in advertising sales in July 2019.

Mr Casey told the WRC he asked the officer’s manager, who was due to go on maternity leave, if Ms O’Regan could take on her role and she responded “with a definite ‘no’.” » The WRC has learned that a decision has been made. to reorganize the reception and sales function, which would result in the dismissal of Ms O’Regan.

Newspaper complaints

The company said all necessary steps had been taken to ensure its health and safety complaint regarding Mr J was resolved.

Mr Quirke said he was frustrated that he was not aware of the problem until September 2019. He told the WRC that his suggestion to use a door had proved impossible, but that he had given verbal instructions to staff on the management of future incidents.

Mr Casey denied reprimanding Ms O’Regan, but admitted he was annoyed by the way management had handled the issue. He acknowledged that she had received no advance warning about her performance.

Mr Casey claimed the reference to a baseball bat was a metaphor showing the company would do everything in its power to protect its staff.

The company maintained that the decision to fire her was made in late August 2019, well before she raised any health and safety concerns.

WRC decision

In her decision, WRC adjudication manager Maria Kelly said she was satisfied the complainant was clearly concerned for her own safety and that of her colleagues when she informed the bureau chief and editor of the situation between July and August 2019.

Ms Kelly said Ms O’Regan’s email to a health and safety officer was not just a personal grievance as the company maintains, but a protected disclosure.

She said Ms O’Regan legitimately expected a protective barrier to be installed in the office but made a formal report on health and safety concerns when this did not happen product.

The WRC said the tone of Mr Casey’s email showed he was angry and concerned about being exposed to a health and safety issue and the way it had been handled as well as to the proposed solution and its cost. Ms Kelly said it was not credible that he was not also angry with Ms O’Regan.

She added that it was also not credible that Mr Quirke did not inform office manager Linde Hutchinson, who was going on maternity leave, of the decision to dismiss the complainant or that Ms Hutchinson did not was not consulted or advised on this issue.

Order it Killarney Advertiser to pay Ms O’Regan compensation of €45,000, Ms Kelly said she was satisfied, on the balance of probabilities, that the decision to dismiss was directly linked to a protected disclosure.