Courts / Ireland / Report

Bin-man who allegedly fell asleep on job loses unfair dismissal claim

Summary

A bin‑man with medical obesity, asthma, diabetes and gout, Kieran Glynn, who had worked for Ray Whelan Ltd for 22 years, brought an unfair dismissal claim to the Workplace Relations Commission after refusing to attend medical appointments arranged by his employer. Colleagues alleged he refused to empty bins and fell asleep in the lorry cab, and the line manager testified that he had to be taken out of the cab after falling asleep. Glynn's lawyers argued he was fit to work and that the company's actions constituted harassment. The tribunal found that Glynn had not been dismissed or forced to quit, that the company had legitimate concerns about his health, and that the disciplinary process was not a sham. Consequently, the tribunal dismissed Glynn's complaints under the Unfair Dismissals Act 1977 and the Employment Equality Act 1998 as not well founded.

Who, what, where, when and why

What: Report matter: Bin-man who allegedly fell asleep on job loses unfair dismissal claim. Charges or matters: unfair dismissal; discriminatory harassment. Procedural stage: trial

When:

• February 2019 Other
• September 2019 Other
• May 2020 Other
• 27 May 2020 Incident
• 29 June 2020 Other
• September 2020 Hearing Or Sentence
• 16 September 2020 Other
• 2023-04-13 Publication

Why: A medically obese bin-man suffering from asthma, diabetes and gout who faced a disciplinary because he refused to go to medical appointments set up by his employer has lost his case at the Workplace Relations Commission. CNI source report

Case subjects

Topics

Stage Trial

Read the original CNI report