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.