The Labour Court overturned a finding that Burnside Autocyl (Tullow) Limited had penalised Garry Keogh for raising health and safety concerns. The determination was signed on 6 March 2013.
Keogh said he refused an instruction to operate two welding machines at once because he considered it dangerous, and said a machine had previously caught fire. The company said he was dismissed for refusing a legitimate instruction and behaving aggressively.
The Court preferred the company’s witnesses, who said operating two machines together was common and safe and denied a fire. It found Keogh had not raised safety concerns and was dismissed for insubordination, not for health and safety issues. The appeal was allowed and the Rights Commissioner’s decision was set aside.