The Labour Court rejected Stobart Ireland Driver Services Ltd’s appeal, upholding Mr Keith Carroll’s reinstatement and varying the calculation of his lost earnings compensation. The determination was dated 17 January 2013, and the Court found that his dismissal amounted to penalisation under health and safety law.
Carroll said he told management he was too tired to drive a heavy goods vehicle overnight after working long hours. Stobart said it dismissed him for gross misconduct, arguing that he had not exceeded the applicable working time limits and had not raised a health and safety issue.
The Court found it was reasonable for Carroll to seek relief from duty in the circumstances. It noted that his dismissal followed immediately after the exchanges about his request, was precipitous and departed from normal company procedures. The Court concluded that he would not have been dismissed but for his representations about being too tired to work. It directed immediate reinstatement on his previous terms and conditions, including changes made by collective agreement. Lost earnings from 20 October 2011 to reinstatement are to be calculated using his average weekly earnings between 1 January and 13 October 2011.