Burczy v Tesco Ireland Limited [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
Issues covered: Policies and Procedures; Health and Safety; Gross Misconduct

In this case, the claimant warehouse operative was dismissed for breaching a health and safety rule. He was found to be using his mobile phone while operating a mechanical handling equipment vehicle in the warehouse. The claimant had been fully trained in safe handling of such vehicles and was aware that use of mobile phones was prohibited while operating a vehicle.

The respondent had briefed staff on the use of mobile phones while operating a vehicle in the weeks leading up to the incident in question. In light of previous incidents, a policy change had occurred and a decision was made that instant dismissal was a potential consequence of breach of the policy. This was clearly communicated

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Start my free trial today

This article is correct at 25/11/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Julie Galbraith

The main content of this article was provided by Julie Galbraith. Contact telephone number is +353 1 664 4200 or email JulieGalbraith@eversheds.ie

View all articles by Julie Galbraith