O’Neill v Cullen t/a Cullen Steel

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 26 March 1999
• Judgment citation (vLex): [1999] 3 JIEC 2601
• Date: 26 March 1999

Employment Appeals Tribunal

O'Neill v Cullen t/a Cullen Steel

Abstract:

Dismissal - Contributory conduct - Compensation

Claimant employed as lorry driver for respondent. A system was in place for the lorries to be serviced by a garage and the drivers were required to leave their trucks after their day's work from time to time for servicing. On one such occassion the claimant declined to do so as the time was inconvenient for him. When requested to bring down the lorry after a certain time by the foreman, he declined and was told to wait for the lorry or collect his wages, which he subsequently did. The Tribunal determined that the employer could have enquired why the time was inconvenient for him and the claimant could have offered a reason for his unwillingness to wait for the lorry to come back from deliveries so he could take it to the garage. Nonetheless the Tribunal found that he was unfairly dismissed. However, they determined...