Darren Kiernan v Joseph Brennan Bakeries [2023]

Posted In: Case Law
  • Decision Number
    ADJ-00039331
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Dismissal, Health and Safety
Issues covered: Unfair Dismissal; Serious Misconduct; CCTV; smoking; workplace safety

Background:

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register 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 Register

This article is correct at 22/06/2023
Disclaimer:

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.

Paul D Maier BL

The main content of this article was provided by Paul D Maier BL.

View all articles by Paul D Maier BL