The Labour Court rejected Noel Rattigan’s appeal against a finding that his dismissal by Stobart Ireland Ltd was not penalisation under health and safety law. The determination was signed on 12 April 2011.
Rattigan said the light changed after he moved a trailer and that the lighting system was defective. Stobart Ireland Ltd said it dismissed him for gross misconduct after he failed to follow company procedures.
The Court found that he was dismissed for moving the vehicle while a red light was showing, not for making a complaint, and affirmed the Rights Commissioner’s decision that the complaint was not well founded. Whether the incident justified dismissal or whether dismissal was proportionate could be considered under different statutory provisions.