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Labour Court finds Clogrennane Lime worker was fairly dismissed

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court dismissed Joseph Curran’s appeal and affirmed the decision that he was not unfairly dismissed. The determination was signed on 11 January 2017. Clogrennane Lime Limited said Curran had been asleep in the control room during a shift and had acknowledged sleeping at work on other occasions; Curran denied wrongdoing and said lighting problems led him to darken the room’s windows. The Court preferred the company witnesses’ evidence, finding on the balance of probabilities that Curran had been asleep and had voluntarily acknowledged earlier incidents. It found the investigation and appeal fair, and concluded dismissal was within the range of responses open to a reasonable employer because the facility’s licence required the control room to be staffed around the clock.

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