More time for lorry firm to appeal sacking ruling

A lorry driver claimed he was unfairly dismissed after protesting he was too tired to drive a night shift and could present a safety risk to himself and the public. The Labour Court last January upheld claims by Keith Carroll, a former heavy goods vehicle driver at the Stobart Ireland Driver Services depot in Ballymun, Dublin, of being unfairly dismissed.

The president of the High Court, Mr Justice Nicholas Kearns, yesterday granted the company’s application for more time to appeal the Labour Court ruling after the company agreed to pay Mr Carroll €17,500 towards mortgage arrears.

In its High Court appeal, the company is challenging the Labour Court’s decision upholding a rights commissioner decision ordering Mr Carroll’s reinstatement with full back pay.

Mr Carroll was employed for more than seven years at the same Ballymun depot by a different distribution company before being made redundant in 2010. When Stobart took over that depot, Mr Carroll was immediately re-employed by Stobart in October 2010.

Midnight
On October 13th, 2011, he was told by a Stobart manager he was to start a shift at five minutes to midnight to drive from Dublin to Ballinasloe. It was claimed, in a later conversation with a manager, he said he was too tired to drive. Stobart denied he was penalised in contravention of health and safety laws and argued he was sacked for gross misconduct.