Penalisation

Penalisation at Work

Advice where raising a concern or exercising a protected right leads to adverse treatment.

If your treatment at work changes after you raise a concern, it is important to understand the reason for that change and which legal protections may apply. Crushell & Co advises on penalisation complaints, the evidence needed and the available routes for resolving a dispute.

What is penalisation?

Penalisation can include a disadvantage imposed because a person undertook an activity protected by law. Depending on the legislation, this may involve dismissal, suspension, reduced pay, changed duties, loss of promotion or intimidation.

Not every disagreement or unfavourable management decision amounts to unlawful penalisation. The protected activity, the alleged detriment and the link between them need to be identified under the relevant legislation.

Health and safety complaints

Section 27 of the Safety, Health and Welfare at Work Act 2005 protects employees against penalisation for certain health and safety activities, including raising a safety concern with their employer, safety representative or the Health and Safety Authority.

We can review the complaint made, who knew about it, the employer’s response and the reasons given for any subsequent action. Read section 27 for the statutory provisions.

Protected disclosures and other employment rights

Workers who make a qualifying protected disclosure may have protection against retaliation under the Protected Disclosures Act. Whether a report qualifies depends on its content and the circumstances; a personal grievance is not automatically a protected disclosure.

Different employment statutes protect different activities. We can help identify the appropriate legal basis rather than assuming that all complaints fall under the same rules. See our Protected Disclosures service and the WRC’s guidance on whistleblower protection.

Evidence and practical steps

Keep a dated chronology of the concern you raised and the treatment that followed. Preserve relevant emails, messages, meeting notes, payslips, rosters and disciplinary documents. Record the explanation provided for changes to your role, pay or working arrangements.

Advice can help you assess the evidence, respond to correspondence and consider internal resolution, negotiation or a complaint to the Workplace Relations Commission, where appropriate.

Deadlines and remedies

Strict deadlines apply and vary with the legal route. Certain applications for urgent court relief have particularly short time limits. Seek advice promptly; an internal grievance process should not be assumed to stop a statutory deadline.

The available remedy depends on the legislation and the findings in the case. We explain the options, legal fees and other costs before you decide to proceed.

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Employment Law
Advice

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