Declan Culliton is making a claim against HSS Hire Ireland Ltd under the Protected Disclosures Act, alleging he was instructed to inflate machinery rental prices and demoted for raising concerns.
A plant hire manager has alleged that he was instructed to approve 'inflated' machinery rental prices as part of a suspected 'price-fixing' arrangement and was demoted for raising his concerns with his superiors. Declan Culliton is pursuing a complaint under the Protected Disclosures Act 2014 against HSS Hire Ireland Ltd, where he is still employed.
At the Workplace Relations Commission on Friday, a barrister representing Mr Culliton stated that his client had a reasonable belief that there was 'unlawful or illegal activity' occurring in the form of anti-competitive trade practices and breaches of a company director's legal obligations, and was penalized for voicing his concerns. Jason Murray, representing Mr Culliton, said his client's employer, the Irish branch of the UK-based HSS group, had acquired another plant hire firm, Laois Hire, in 2006. Michael Killeen, the founder of Laois Hire, remained as its managing director following its sale to HSS and also became the managing director of HSS Hire Ireland Ltd, the complainant alleges. HSS states Mr Killeen was in a 'transitional role only'. Mr Culliton's case is that at a meeting in July 2022, two senior managers at Laois Hire instructed him to 'increase pricing' on machinery being rented from Laois Hire by HSS to supply to the latter's customers. When his client questioned this instruction, he was told it 'had come from Mr Killeen', Mr Murray added. He submitted that the price increases were implemented despite his client's opposition and 'resulted in an inflated-price supply of cross-hire goods from Laois Hire Services to the respondent'. Mr Murray stated that his client went on to raise a series of protected disclosures. He was subsequently isolated, ostracized and undermined at work, as well as being threatened with demotion and unilaterally removed from a senior position, it was submitted – claims denied by HSS. Counsel said a company audit later revealed 'financial irregularities' to the detriment of HSS, and resulted in a payment of 'at least €525,000' being made from Laois Hire to HSS.Kevin Bell, appearing for HSS, stated that Mr Culliton's account of the July 2022 meeting was 'absolutely in dispute' and that Mr Culliton 'did not, could not, would not have the authority to authorize price increases'. He said auditors sent by HSS's parent firm made 'no findings of price fixing or collusion with regards to Mr Killeen's role' and that the €525,000 'was not a refund' for any overcharging
Price-Fixing Protected Disclosures Act Whistleblower Anti-Competitive Practices Workplace Relations Commission
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