A cleaner is entitled to compensation after she developed dermatitis on her hands due to the use of cleaning fluids in the course of her work, the High Court has ruled.
Luiza Kepa (40), of Poulboy, Kilganey, Clonmel, Co Tipperary, was employed by cleaning services firm, Noonan Services Group, with registered offices in Swords Business Park, Dublin.
She worked cleaning a factory when she claimed a problem developed with her hands in 2016 and 2017.
She sued the company alleging she developed hand irritant contact dermatitis as a result of being exposed to detergents.
She also claimed, among other things, that there was a failure to provide her with suitable and sufficient personal protective equipment, including the appropriate gloves.
It was alleged the gloves that were provided caused her hands to sweat.
Noonan initially denied her claims but during the hearing admitted breach of duty while issues of what caused the injury as well as what the level of compensation should be remained to be determined by the court.
Noonan also argued the proceedings had been brought outside the statutory time limit for bringing personal injury cases.
Ms Justice Nuala Jackson ruled there was a clear causal link between her injuries and the acts or omissions of the defendant.
She said Ms Kepa was entitled to €17,500 in general damages but larger sums in relation to claim loss of earnings for two years of nearly €50,000 would have to be assessed when the court is provided with information in relation to any deductions for social welfare.
The judge said Ms Kepa was involved in normal and usual cleaning duties in a factory setting.
Ms Kepa claimed she was in regular, daily contact with strong cleaning chemicals in the course of her work.
She said she was supplied with inadequate gloves which did not protect from these chemicals as they frequently split open due to their being of too light quality for the work.
She also claimed the gloves themselves exacerbated skin irritation she suffered.
There was no doubt that she suffered a nasty skin irritation allegedly derived from her employment conditions, the judge said.
The response from Noonan to this was "significantly suboptimal", the judge said. Text messages from her employer suggested to her to cease wearing gloves altogether, she said.
The judge also said it was suggested to her to cease using chemicals altogether for cleaning.
When Noonan's representative was questioned by the judge about the efficacy of not using cleaning agents, she was told there are modern eco-friendly cleaners which are water-based only.
"While I have no doubt that such methodologies exist and are used, the evidence in this case does not support that such were being applied in this instance", the judge said.
The judge found Ms Kepa’s claim was not statute barred.
She found the injury was of a moderate intensity, but at the upper levels of this category, and that Ms Kepa was in a position to resume appropriate employment no later than January 2021.
She was also awarded €1.422 for medical and travel expenses.
The woman also claimed around €50,000 in loss of earnings for 2019 and 2020, but there would be another short hearing to determine the correct figure when the deductions from lost earnings figures may be accurately calculated, the judge said.
