High Court dismisses appeal from decision of the Labour Court, where the appellant had failed to establish any error of law on the part of the Labour Court in arriving at its decision, finding, inter alia, that: (a) the Labour Court had not misread or misinterpreted the relevant statutory provision in finding that a protected disclosure must contain an allegation of a relevant wrongdoing on the part of the employer; and (b) while the Labour Court had found that the appellant's communication was a grievance rather than a protected disclosure, it had not found that a grievance could never be a protected disclosure and there was therefore no error.
Statutory appeal from decision of Labour Court on point of law pursuant to s. 10A of the Unfair Dismissals Act 1977 - finding by Labour Court that appellant had not made a protected disclosure and therefore was not dismissed for having made one - whether Labour Court erred in holding that a protected disclosure must state an allegation of relevant wrongdoing on the part of the employer - whether Labour Court erred in determining that the appellant’s communication was grievance rather than protected disclosure - whether Labour Court erred in interpreting a statutory instrument in such a way as to allow it to amend the Act - whether Labour Court failed to consider the full facts - whether Labour Court erred in failing to consider full remit of s. 5(3) of the Protected Disclosures Act 2014 - whether Labour Court failed to have due regard to fact that appellant sought earlier to raise concerns for his own health and safety.