Courts / Dublin / Report
Truck driver banned from site is awarded €40k for unfair dismissal
Summary
Desmond O'Farrell, a truck driver for McGuire Haulage Ltd, was banned from the Danone site in Rocklands, Co. Wexford, after a night's visit to retrieve a forgotten work phone. The ban, suggested by McGuire to Danone, left him without work for two years, effectively creating a constructive dismissal. O'Farrell's union, Siptu, argued he was made a "fall guy" to appease Danone's security concerns. McGuire offered him unsuitable work in Dublin, which O'Farrell declined. The Workplace Relations Commission upheld his complaint, finding the ban unreasonable and a breach of contract. The commission ordered McGuire to pay €34,680 (51 weeks' pay) plus €5,440 for notice, totaling €40,120. The decision followed a Labour Court ruling that denied him redundancy, confirming he remained an employee but was left in a limbo employment situation. The case highlights the employer's failure to provide alternative work and the impact of the site ban on O'Farrell's livelihood.
Who, what, where, when and why
What: Report matter: Truck driver banned from site is awarded €40k for unfair dismissal. Procedural stage: hearing_or_decision
When:
- June 2019 Hearing Or Sentence
- Monday 24 June 2019 Other
- July 2021 Other
- 2019 to 2021 Other
- 2022-12-02 Publication
Why: Her client's case was that he had gone to the site on the night of Friday 21st that month on his way to pick up a work phone he had forgotten and needed in order to get his schedule for the next day. CNI source report
Case subjects
Applicant
Places mentioned
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request