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 to employees