Gas truck driver fired for smoking

A driver who repeatedly smoked while driving a truck loaded with gas cylinders has lost his claim for unfair dismissal at the Employment Appeals Tribunal.

Galway firm Martyn’s Fuels sacked John Mannion in 2013 for smoking while driving a gas truck after he had received numerous warnings concerning the behaviour. He had worked with the company since 1999.

Two years prior to his sacking, the Health & Safety Authority wrote to the firm “seeking responses to allegations that the driver of the gas truck was smoking while driving the vehicle and carrying an unsecured load of gas cylinders”.

Martyn’s Fuels replied to this allegation, confirming that Mr Mannion had to brake suddenly which resulted in bottles falling. The company confirmed a letter was issued to Mr Mannion regarding his smoking.

Mr Mannion was later issued with a second written warning concerning his smoking while delivering gas.

Due to a downturn in business, Mr Mannion was placed on a three-day week from June 4, 2013.

The following month, the Health & Safety Authority again wrote to Martyn’s Fuels stating that it had received a complaint that one of its drivers had been observed smoking in the cab of the truck while delivering gas.

The tribunal report states that Mr Mannion was informed of the allegation and a decision was taken to dismiss him.

In evidence, Mr Mannion accepted that he smoked while driving the vehicle and that he had been provided with training in relation to safety procedures and had attended such a training course in 2010.

Mr Mannion gave evidence that he continued to smoke while driving the lorry and received a written warning for this behaviour in May 2012.

The warning stated that any more breaches would lead to Mr Mannion’s immediate dismissal.

In its ruling, the tribunal stated that it unanimously determined that the dismissal of Mr Mannion was fair in all circumstances.

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