Martin-Brower Ireland Limited v William Clancy [2017]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. UDD1761
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Health and Safety, Policies and Procedures
Issues covered: Section 8A, Unfair Dismissal Acts, 1977 to 2015; Unfair Dismissal; Health and Safety; Introduction of New Standards

This case involved a claim of unfair dismissal. The Complainant had worked for the Company for 10 years and had a good employment record until a number of incidents in March 2015. He had been found to have carried out his work unsafely as a fork lift driver, which resulted in a final written warning being issued. This sanction was subsequently reduced to a written warning following an appeal to the WRC. While this sanction had been under appeal the Complainant was involved in a further infringement of the health and safety procedures of the Company. As a result, the Complainant was dismissed without notice for gross misconduct.

The Complainant appealed the decision on the basis that he did

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This article is correct at 18/01/2018
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