The Workplace Relations Commission found that Stephen Kinsella’s dismissal by BOC Gases Ireland Limited was fair and rejected his unfair dismissal complaint. Adjudication Officer Pat Brady dated the decision 1 December 2021.
Kinsella challenged the reason for his dismissal and the investigation and disciplinary process. He disputed that he had failed to report a defective tyre on his truck and said the allegation had been fabricated. BOC Gases said it dismissed him for safety and reporting failures, inadequate cooperation and breach of contract. He had been on a final written warning since December 2019.
The adjudicator found that BOC Gases had a reasonable basis for concluding that the truck had a defective tyre and that Kinsella had failed to report it. The employer’s investigations supported that conclusion, and other drivers who had failed to report the defect were also disciplined, though not dismissed. Kinsella’s final written warning was a distinguishing factor.
The WRC also found that Kinsella had opportunities to answer the allegations, including by making written submissions with union support. It concluded that the employer met the required procedural standards and that dismissal fell within the range of reasonable responses. The complaint was not well founded.