Convicted dog pound operator succeeds in having 'whistleblower' payout overturned
Gordon Deegan
A convicted operator of a Dublin dog pound and warden service has been successful in having an €18,000 award to a ‘whistleblower’ dog warden who raised concerns relating to animal welfare at the pound overturned.
This follows the Labour Court upholding the appeal by David Stone and Carol Stone trading as the Ashton Dog Pound and Warden Service against the Workplace Relations Commission (WRC) ordering them to pay €18,000 compensation to ex-employee Conor Williamson.
On behalf of the Labour Court, deputy chairwoman, Louise O’Donnell ruled that no penalisation occurred against Mr Williamson under the Protected Disclosures Act.
Mr Williamson told the Labour Court that he made a protected disclosure by email to his employer on July 26th, 2020 in respect of cruelty to animals, and alleged that he was then subjected to unwarranted disciplinary investigations and sanctions.
However, on behalf of the court, Ms O’Donnell found that there was no causal link between Mr Williamson’s protected disclosure and the pound suspending him or issuing a final written warning to him.
Ms O’Donnell found that the Stone/Ashton Dog Pound appeal succeeds and the decision of the WRC Adjudication Officer is set aside - or overturned.
Mr Williamson alerted Gardaí to the illegal use of a euthanasia drug on dogs at Ashton Dog Pound at River Rd, Castleknock, that culminated in its owner,
David Stone being prosecuted and Judge Martin Nolan imposing a fine of €30,000 on Mr Stone at Dublin Circuit Court in February of this year.
In court, Mr Stone (65) of Hazelbrook, Loughlinstown, Ratoath, Co Meath, pleaded guilty to using a premises for supply of an animal remedy contrary to various European regulations, possession of an animal remedy designated “veterinary practitioner only”, and causing or permitting the administration of an animal remedy contrary to the same regulations, on July 24th, 2020.
Garda Áine McQuillan told the court that that gardaí were first alerted to the fact that two dogs, a Bichon Frise and an Akita, had been administered the euthanasia drug Pentobarbital, and the dogs had not been visited by a vet on the weekend of July 24th.
At the Labour Court concerning the Stones’ appeal against the WRC €18,000 award and ruling, Ms O’Donnell stated that Mr Williamson was unable to establish any link between the decision to extend his final written warning and his protective disclosure other than that he had made the disclosure to Mr Stone and that Mr Stone had taken the decision to extend his final written warning.
Ms O'Donnell stated that Mr Williamson accepted that on receipt of complaints of alleged bullying behaviour from six members of staff the Ashton Pound had an obligation to investigate those allegations.
She stated that the court determined that based on the submissions and the evidence before it that placing a staff member on suspension in the circumstances that pertained at the time was within the bounds of reasonable behaviour by an employer.
Ms O’Donnell stated that the court does not accept that there was a causal link between the protected disclosure and the extension of the final written warning in circumstances where there was an investigation report upholding two allegations of bullying behaviour by Mr Williamson.
Ms O'Donnell found that while there may have been some shortcomings in the manner in which the processes were implemented by the Ashton Dog Pound, these were wholly unrelated to Mr Williamson’s protected disclosure.
