The claimant was employed as a warehouse operative for 4 years before being dismissed for breaching a health and safety rule. This breach of health and safety surrounded the claimant using his mobile phone whilst driving and operating mechanical handling equipment vehicle in the warehouse.

This breach was despite the claimant and other staff recently being briefed on the use of mobile phones whilst operating equipment. The section manager was ordered to investigate the allegation of the breach of the health and safety rule. Upon investigation the claimant stated that he did look at his phone but only to check the time and that he was sorry for his actions.

The claimant was subsequently suspended with full pay pending investigation.

The respondent noted that the issue of use of mobile phones whilst driving a mechanical vehicle had caused problems prior to this and as such the company had changed the policy on sanction for such actions to mean that instant dismissal could be a consequence. This was communicated to the employees.

The operations manager was of the view that, "the purpose of using the mobile was not relevant at all as using, holding and/or checking a mobile phone use was not permitted while operating a vehicle". Without further checking evidence or interviewing the depot manager, the operations manager decided to dismiss the claimant. The claimant appealed this decision but the project manager upheld the decision of the operations manager.

The claimant argued that he was shocked by the decision to dismiss him as other employees had breached the policy previously and had received final warnings. Therefore, he argued that this policy was inconsistent.

The tribunal held that "there were any number of lesser sanctions the respondent could have imposed on the claimant." On this basis the tribunal found that the claimant was unfairly dismissed but the tribunal recognised that the claimant significantly contributed to his dismissal considering the extensive training the claimant received surrounding the use of their mobile telephone whilst operating the vehicles. It was on this basis that the claimant was awarded a lump sum of €20,000.
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Practical Lessons from this case:

It is important to note the Tribunal viewed the respondent's decision to sack the employee in this case as rather rash and extreme. It is important that as an employer you consider other disciplinary measures that could be taken rather than automatically dismissing an employee for breach of a company policy.