09.07.2007

Bridge basher compensated

A driver who caused over €17,000 worth of damage when a crane on his truck hit the railway bridge at Dublin's Custom House Quay has been awarded €5,000 compensation by the Labour Court for unfair dismissal.

The mans union the Services, Industrial, Professional and Technical Union (SIPTU) said that it had no choice but to refer the firing of the driver to the court as it had made several efforts to appeal his dismissal.

The court was told the driver had worked for GMC Civil and Mechanical Engineering for a year when he was asked to collect a load from Naas and deliver it to a site in the centre of Dublin on January 9, 2006.

According to the driver, the load forced him to leave the crane on the back of his truck slightly elevated. The extra height caused the crane strike the rail bridge on the quay causing €17,797 worth of damage.
Three days later GMC dismissed the driver telling him that damage to the crane "came about as a result of gross negligence, carelessness and breach of duties".

According to the company, the driver had been reminded on a number of occasions about safety procedures associated with the truck and its crane. On this occasion, he had not followed procedures.

"The company conducted a full investigation into the incident. The worker's explanation that he 'just didn't notice' the height-clearance sign on the bridge is no excuse," said GMC.

SIPTU said GMC did not follow proper procedures in dismissing the driver.
"He was given no warnings nor was he allowed representation when told of his dismissal."

The court ruling said that there could be no doubt that the incident "was due to gross negligence and was serious enough to warrant the most severe disciplinary sanctions."

However, it said GMC's lack of procedures and "apparent total disregard for a worker's basic rights" rendered the method of dismissal procedurally unfair. As a result the company was ordered to pay the driver €5,000 compensation "in full and final settlement of the matter".