Courts / Laois / Report
Irish Rail worker fired over crane collapse showed 'great bravery', union tells WRC
Summary
A Workplace Relations Commission hearing was adjourned pending an in-person hearing in the autumn regarding a statutory complaint under the Unfair Dismissals Act 1977 brought by Liam Óg Lynch against Irish Rail. Mr. Lynch, a Portlaoise-based engineering operative, was dismissed following an incident on 8 March 2023 where a gantry crane collapsed, trapping a contractor's foot. Irish Rail alleged Mr. Lynch recklessly operated the crane despite explicit instructions not to do so, citing a prior disciplinary warning. The union, represented by Andrea Cleere, argued Mr. Lynch acted with bravery to secure an unsafe load and rescue the injured worker. Adjudicator Brian Dolan noted that treating an employee differently due to temporary contract status may constitute a breach, questioning the legality of the policies relied upon by Irish Rail. The matter was adjourned, with up to five witnesses, including Mr. Lynch, expected to be called at the future hearing.
Who, what, where, when and why
What: Report matter: Irish Rail worker fired over crane collapse showed 'great bravery', union tells WRC. Procedural stage: trial
When:
- 8 March 2023 Incident
- October 2021 Hearing Or Sentence
- November 2022 Incident
- 2024-07-15 Publication
Why: Because of the fault, her client could not raise the gantry again, she said. CNI source report
Case subjects
Applicant
Outcome: On this point, adjudicator Brian Dolan said: "It just seems to me that to treat an employee differently because he's on a temporary contract is a breach." Ms Devoy replied that there had been no complaint brought under the 2003 legislation – but Mr Dolan said his duty under the Unfair Dismissals Act was to consider Irish Rail's adherence to "policies and procedures" and added: "If those policies a
Places mentioned
- Cork
- Portlaoise
- A view
Topics
Related court reports
- ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
- Balaclava attacker claims car search breached his rights
- Lithuanian man admits engaging in terrorist plot to attack mosque
- Mosque bomb attack accused argues he can't get a fair trial
- Judge should have convicted drivers caught like 'fish in a barrel' in 'unjust speed zone'
- Seven years for sex offender who repeatedly recorded himself assaulting sleeping woman
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request