The Labour Court overturned an Adjudication Officer’s decision and awarded James Hilton €13,500 after finding his dismissal by Lagan Cement was unfair. The determination was signed on 23 February 2018.
Lagan Cement said Hilton had committed gross misconduct by failing to isolate equipment, carry out a risk assessment and sleeping at work. Hilton disputed the allegations and said the disciplinary process was unfair.
The Court found Hilton had breached the company’s health and safety policy, but said this did not amount to gross misconduct or a substantial ground for dismissal in the circumstances. It also raised concerns about the process, including that the decision-maker said no lesser sanction could be considered.