Darren Kiernan v Joseph Brennan Bakeries [2023]
Decision Number: ADJ-00039331 Legal Body: Workplace Relations Commission
Published on: 22/06/2023
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

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 immediately on paid suspension, and after an investigation and

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

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. This article is correct at 22/06/2023
Discover the smarter way to deliver staff training (without the stress)! Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS