Courts / Dublin / Report
Port worker caught 29 times over cocaine limit claims he was unfairly sacked
Summary
Michael Martin, a Dublin Port docker employed by Scruttons (NI) Ltd, claims he was unfairly dismissed after failing a workplace drug test that found 234 ng/ml of cocaine, far above the 8 ng/ml fail rate and 10 ng/ml legal limit. He says the company's duty of care was breached because he turned to alcohol and drugs following a 2019 fatal accident involving a truck driver, for which he had no support beyond two counselling sessions. Martin argues the dismissal was excessive and that alternative roles such as a checker could have been offered, but none were available. The company's operations manager explained that random drug testing had been routine for years due to the high‑risk nature of the work, and that safety‑critical roles required a drug‑free state.
Who, what, where, when and why
What: Report matter: Port worker caught 29 times over cocaine limit claims he was unfairly sacked. Procedural stage: hearing_or_decision
When:
- 10 January Hearing Or Sentence
- 30 January 2020 Other
- 2023-08-04 Publication
Case subjects
Applicant
Applicant
Places mentioned
Topics
Drugs Stage Hearing Or Decision
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