Courts / Ireland / Report

Bin worker accepted he 'may have' been using phone when he fell from truck

Summary

Emmet Kelly, a bin worker, admitted he may have been using a mobile phone when he fell from the back of a refuse collection truck on 6 December 2021 and broke his ankle. He claimed that the incident occurred while he was on the passenger side footboard as the truck turned right on a straight stretch of road, and he could not recall whether his foot or hand slipped first. After the fall, Kelly was issued a final written warning, later downgraded to a first written warning, which was to remain on his personnel file for 24 months from April 2022. He alleged that Bord na Mona Recycling Ltd had subjected him to an unfair disciplinary process in breach of the Safety, Health and Welfare at Work Act 2005. The Workplace Relations Commission rejected his claim, finding no protected act and that the complaint was not well founded. The decision was published on 25 March 2024.

Who, what, where, when and why

What: Report matter: Bin worker accepted he 'may have' been using phone when he fell from truck. Procedural stage: charge_or_pretrial

When:

• 6 December Incident
• November 2023 Incident
• February 2022 Incident
• April 2022 Other
• 2024-03-25 Publication

Topics

Stage Charge Or Pretrial

Read the original CNI report