Man was fired over refusal to spray weeds

FLOXSON Property Management has been ordered to pay over €43,000 to a former employee, after the Employment Appeals Tribunal (EAT) ruled it had fired him over his refusal to spray weedkiller without protective equipment.

Man was fired over refusal to spray weeds

The manager of Dungarvan Shopping Centre said he sent Vladislav Sedlacek home on June 5, 2009, after he refused to spray weeds with weedkiller.

He was adamant he had not suspended Mr Sedlacek. Floxson said it had no alternative but to fire Mr Sedlacek when he told them he would not take instructions from the manager in future.

Mr Sedlacek said he had previously developed a headache after spraying weeds around the centre and told the manager it was the reason he refused to spray weed-killer without protective gear. He claimed he was then suspended with pay.

He said he only refused to take instructions in future if they related to something damaging to his health or safety.

The Health and Safety Authority issued Floxson with an improvement notice following a complaint about the incident.

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