Darren Kiernan v Joseph Brennan Bakeries [2023]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Dismissal, Health and Safety
Issues covered: Unfair Dismissal; Serious Misconduct; CCTV; smoking; workplace safety


The Complainant was employed by the Respondent as a General Operative at Joseph Brennan Bakeries. The Respondent’s premises contain flour and other combustible materials which require strict adherence to health and safety regulations, including the restriction of smoking to a designated area. On 12th July 2021 the Respondent observed the Complainant on CCTV smoking in his van in the car park of the Respondent’s facilities and outside the designated smoking area. The Respondent called the Complainant in on 14th July and was asked to review the CCTV footage, and the Complainant confirmed at that time that he was the person seen smoking in the van. The Complainant was placed

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This article is correct at 22/06/2023

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Paul D Maier BL

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