Niall Mason v Irish Ispat Ltd

• Jurisdiction: Ireland
• Judgment Date: 10 September 1998
• Judgment citation (vLex): [1998] 9 JIEC 1001
• Date: 10 September 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Niall Mason v Irish Ispat Ltd

Abstract:

Dismissal - History of accidents - Back problems - Medical reports - Conflicting medical reports - Minimum Notice and Terms of Employment Acts 1973-1991 - Unfair Dismissals Acts 1977-1993

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:

Niall Mason, Maulbaun, Passage West, Co Cork

CASE NO.

UD754/97 P841348/97

against

Irish Ispat Limited Haulbowline, Cobh, Co Cork

uncle

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT , 1973 TO 1991 UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Ms K.T. O'Mahony B.L.

Members:

Mr. P. Herrington

Ms. M. Corcoran

heard this claim at Cork on 24th February 1998

Claimant had a number of work related accidents and in December 1994 suffered injury to his back outside his place of work and was unfit for work. Company doctor stated that claimant was not fit to return to his work which involved very heavy physical labour. Consultant's opinion was sought and he was happy that the claimant could return to work but recommended that he should wear a surgical corset if the pain persisted. The company doctor was not comfortable with this. Respondent terminated claimant's employment believing his return to work could give rise to further injury.

The claimant determined that the claimant was fit to return to work and it was unreasonable of the respondent to deem him unfit. Claimant awarded £11,184 for unfair dismissal and £2,576 under the Minimum Notice legislation.

The determination of the Tribunal was as follows:-

Respondent's Case:

1 It was the respondent' a case that Mr Mason had suffered injury to his back outside his place of work on 12th December, 1994 and was unfit to return to work. Prior to that accident the claimant had a history of absences from work due to accidents and injury, including injury to his back.

2 Dr. P.J. Connolly, the company doctor, in his evidence, told the Tribunal that the claimant's work at the plant was very heavy physical work involving lots of pulling, dragging, lifting, stooping and climbing. The claimant had been out of work since December 1994 and Dr. Connolly saw him a number of times in the period from 6th January 1995 to 31st March, 1995 and found him to be unfit for work.

3 X-Rays showed structural deformity in his back. In April, 1995 he referred the claimant to Mr Curtin, Consultant Orthopaedic Surgeon, who was happy for the...