Truck driver seeks damages after wrongful dismissal

A Circuit Court judge told a truck driver yesterday she could not award him enough money to compensate him for a wrongful dismissal…

A Circuit Court judge told a truck driver yesterday she could not award him enough money to compensate him for a wrongful dismissal claim against Dublin waste disposal firm Thorntons Recycling Centre.

Judge Patricia Ryan told Mr Martin Earley the most she could award was €38,000 and his claim included four years loss of earnings of just over €35,000 a year.

Mr Earley, of Dunmanus Road, Cabra West, Dublin, told his counsel, Mr Seán Ó Síothcháin, he had been employed by Thorntons as a truck driver until October 2000.

Following a slip and fall accident, involving his lorry, he had been off work for a number of weeks recovering from his injuries.

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When he was unable to turn in for work he remained unpaid and had been constructively dismissed.

Mr Earley said he had been approached at his home by his boss, Mr Thornton, and offered a €4,000 cheque if he dropped a personal injuries claim against the company and abandoned his wrongful dismissal claim. He had refused the inducement.

He said Thorntons, of Killeen Road, Ballyfermot, Dublin, had refused to return his P60 and P45 forms and he had been unable to find another job since his dismissal.

Mr Ó Síothcháin told the court his client had obtained judgment in default of a defence from Thorntons and was asking the court to assess damages.

Judge Ryan said the maximum jurisdiction of the Circuit Civil Court was €38,000 which would not be adequate to compensate him for what was an ongoing loss of €35,000 a year as well as damages for wrongful dismissal.

Mr Ó Síothcháin was granted an adjournment to facilitate bringing a motion before the court seeking to transfer Mr Earley's claim to the unlimited jurisdiction of the High Court.