Courts / Ireland / Report

Plant driver who denied smoking cannabis on site wins €5k for unfair dismissal

Summary

In a case before the Workplace Relations Commission, telehandler driver Mark John Power was awarded €5,000 for an unfair dismissal by BPH Construction Limited (Blueprint Homes). Power denied ever smoking cannabis on site, a claim made by a supervisor who alleged a smell of cannabis in the cab of a machine he operated and that a bag of cannabis was found in the vehicle on a separate occasion. Power said no such allegations were ever presented to him before his dismissal on 8 September. He argued that other factors, including complaints of verbal abuse and heavy drinking by colleagues, contributed to his termination. The employer admitted it dismissed him without investigation or procedures, though it paid all outstanding wages. The adjudicator found the dismissal unreasonable and ordered the compensatory sum, reflecting about six weeks' wages. The decision was based solely on the evidence presented in the complaint.

Who, what, where, when and why

What: Report matter: Plant driver who denied smoking cannabis on site wins €5k for unfair dismissal. Procedural stage: hearing_or_decision

When:

• 8 September Other
• 2024-06-20 Publication

Why: Addressing mitigation of losses, Mr Power explained that he got back to work about six weeks on from his sacking, working as a loader driver for an agency, and that he was on about the same rate of pay as he had earned at BPH Construction, which was €828. CNI source report

Topics

Drugs Stage Hearing Or Decision

Read the original CNI report