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High Court dismisses appeal against decision of Labour Court that respondent was unfairly dismissed as result of penalisation under health and safety legislation, upholds award of compensation and reinstatement and finds that employee's valid complaint of tiredness between shifts did not have to be raised within employer's own grievance procedures to constitute a complaint under Safety Health and Welfare at Work Act 2005.
High Court - employment law - appeal from decision of Labour Court - decision of rights commissioner upheld on appeal to Labour Court that employee was dismissed in circumstances which constituted penalisation under Safety Health and Welfare at Work Act 2005 - claim for compensation and reinstatement - employee dismissed on grounds of gross misconduct - truck driver taking rest break between shifts - award of compensation and reinstatement by rights commissioner - whether legitimate health and safety complaint made by the employee - whether working excessive hours constitutes relevant complaint for purposes of valid claim for penalisation - whether employee has shown he has properly suffered a detriment as a result of tiredness from work - whether employee was required to invoke the company's own grievance procedure - whether Labour Court provided sufficient reasons for decision to order reinstatement - whether employee required to have one year's service with employer in order to make a claim under 2005 Act.
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