Forklift driver twice over alcohol limit was unfairly dismissed

A forklift truck driver who was sacked after he was found to have a concentration of alcohol over twice the legal driving limit while operating his five-ton work vehicle, has won his case for unfair dismissal.

James O’Hagan had been dismissed or suspended on five occasions in six years for alcohol-related issues or aggressive behaviour, the Employment Appeals Tribunal heard.

But the tribunal ruled that he was unfairly dismissed from his job at ICS Europaks Ltd of Galvone, Co Limerick, because he had earlier raised concerns about production difficulties which had not been dealt with by management.

ICS Europaks, based at Galvone Business Park, employs a staff of 82.

The HR and health and safety manager at the corrugated packing firm had called Mr O’Hagan into his office on March 23, 2012, because he was not carrying out his duties of transporting reels of paper to a corrugator machine.

The manager failed to get a satisfactory response and, when examined by the company doctor, Mr O’Hagan was found to have an alcohol level over twice the legal driving limit. He was suspended on full pay pending an investigation.

At a subsequent disciplinary meeting he accepted he was under the influence of alcohol at work on March 23. He had been dismissed by the company in 2010 for alcohol-related issues and was only reinstated after an appeal to the CEO.

The outcome of the disciplinary meeting was to once again dismiss him and a later appeal to the CEO was rejected.

Mr O’Hagan acknowledged that he should not have turned up for work on March 23 under the influence of alcohol. But, he gave evidence that in the four days leading up to that date, he had raised production issues with five different members of management within the company.

He complained that there was little or no paper remaining in the machine from the previous shift. This was putting him under great pressure and he became very frustrated that his complaints were not addressed.

Eventually, he could no longer handle the pressure and he “fell off the wagon,” turning up for work on March 23, 2012, under the influence of alcohol.

The tribunal found that his behaviour and his admission of alcohol dependency affected his competence at work. But his evidence of management failing to act on his repeated complaints about production difficulties had not been refuted by the company. “In those circumstances, the tribunal finds that the otherwise justifiable decision of the company in dismissing the claimant is tainted by an element of unfairness”.

The tribunal awarded him a total of €4,200.