Tomasz Burczy v Tesco Ireland Limited [2014]

Posted In: Case Law
  • Case Reference
    IREAT UD618/2012
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Dismissal, Health and Safety
Issues covered: Unfair dismissal; Breaching health and safety policy

The claimant was employed as a warehouse operative for 4 years before being dismissed for breaching a health and safety rule. This breach of health and safety surrounded the claimant using his mobile phone whilst driving and operating mechanical handling equipment vehicle in the warehouse.

This breach was despite the claimant and other staff recently being briefed on the use of mobile phones whilst operating equipment. The section manager was ordered to investigate the allegation of the breach of the health and safety rule. Upon investigation the claimant stated that he did look at his phone but only to check the time and that he was sorry for his actions.

The claimant was subsequently

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This article is correct at 14/12/2015

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