Latest news with #Cleere
RTÉ News
02-07-2025
- RTÉ News
Sacked Irish Rail worker wins €12k for unfair dismissal
An Irish Rail worker who defied orders and took control of a crane when he saw that its load had became unstable - only for the load to trap another worker's foot when he set it down - has won €12,000 for unfair dismissal. His trade union had told the Workplace Relations Commission that the worker, Liam Óg Lynch, should get his job back after acting with "great leadership and bravery" to try and bring a dangerous situation under control in March 2023. However, in a decision published today, Mr Lynch has been denied the order for reinstatement he had sought in a complaint under the Unfair Dismissals Act 1977 against Iarnród Éireann. Mr Lynch, an Irish Rail employee since 2021, worked at a plant producing pre-stressed concrete sleepers for use in works on the Cork main line, the WRC heard. Irish Rail employment relations manager Laura Devoy told the tribunal that on 8 March 2023, an employee of a contractor had been injured by a gantry crane which Mr Lynch had "knowingly operated without permission". A manager had previously identified "safety-critical issues" with Mr Lynch's work at a meeting in November 2022, she said. The worker was instructed in February 2023 not to operate the gantry crane at the centre of the incident until further notice, Ms Devoy told the tribunal. Mr Lynch's trade union representative, Andrea Cleere of the Siptu Workers' Rights Centre, told the tribunal that the work crew was short-handed on 8 March 2023 as her client had been asked to stand in for an absent senior chargehand. Ms Cleere said her client "sought the assistance of an experienced operator but was refused", with a contract worker instead taking charge of the crane. "Mr Lynch raised concerns regarding the machine operating experience of the contractor, but these fell on deaf ears," Ms Cleere said. She submitted that with the contract machine operator running the gantry crane it "became apparent that the load had not been properly secured". "Given that the only qualified operator who could work the machine was operating an unsafe load, Liam Óg Lynch, in his role as chargehand, took over the operation of the machine," the trade union rep said. Mr Lynch decided it was "not viable to secure the load due to the surroundings" and decided to "land the gantry load as best he could in the circumstances". "Landing the machine was the securest option, given the proximity of the load to the ground," Ms Cleere submitted. "Unfortunately, an injury occurred whereby the foot of another contractor machine operator became trapped under one of the beams from the load due to the machine collapsing due to a fault occurring while the load was being grounded," Ms Cleere continued. Because of the fault, her client could not raise the gantry again, she said. "In an act of leadership and great bravery, he got a crowbar and lifted the beam with all his strength to rescue the foot of the contractor machine operator," Ms Cleere submitted. She added that when the Portlaoise depot supervisor got to the scene he "reprimanded Mr Lynch as his first course of action without tending to the injured party on the ground". Mr Lynch's position was that he was placed in an "impossible position" that day and that he only did what he did "to minimise and control an already dangerous situation" and to avert further property damage and injury. A company investigation and disciplinary process concluded that Mr Lynch's actions in taking control of the crane against his line manager's prior instructions amounted to a "reckless violation".However, SIPTU argued the circumstances surrounding Mr Lynch's actions "were not properly investigated", leading to a "fundamentally unfair" process. A view was expressed by Mr Lynch during the investigation that the equipment was "faulty", the tribunal heard. However, Ms Devoy said: "This wasn't proven, and doesn't excuse the use of the equipment in the first place." Ms Cleere countered that there was "no evidence of this being investigated". The outcome of the disciplinary process was a final written warning for Mr Lynch. However, a senior manager decided to invoke a provision of the Irish Rail disciplinary processes allowing for the termination of an employee on a "temporary contract" on foot of a written sanction, the tribunal was told. Mr Lynch told adjudication officer Brian Dolan that he would have accepted the final written warning and "worked to restore his standing" with Irish Rail if he had not been dismissed. In his decision on the case, Mr Dolan wrote that the circumstances surrounding Mr Lynch's actions "should have been investigated", as they were "material" to the allegations against him. At minimum, the company would be expected to interview other workers and put their statements to Mr Lynch, he wrote. Instead, it seemed to him that Irish Rail "simply formed the view that [Mr Lynch] operated the machine in contravention of an express direction not to do so", he wrote. He said it had been an "extraordinary decision" to increase the sanction from final written warning to dismissal, leaving Mr Lynch without "any right of response" to the finding against him and no opportunity to fight for his job. He called the dismissal "both substantially and procedurally unfair". However, on the question of reinstatement, Mr Dolan accepted the national rail operator's concerns about Mr Lynch's safety record were "not entirely unfounded", while Mr Lynch had also started a course in an "entirely unrelated field". He concluded that the parties had "moved on" and that it would be "impractical" to force them back into an employment relationship. He decided compensation was the right form of redress and awarded Mr Lynch €12,000.
Irish Examiner
11-06-2025
- Business
- Irish Examiner
SIPTU members in Eli Lilly's Cork branch secure Labour Court recommendation on union representation
Trade union members employed at the Cork plant of pharmaceutical giant Eli Lilly have welcomed a recommendation from the Labour Court stating that their employer should allow them the right to collective representation by their union during workplace disputes. SIPTU sector organiser Andrea Cleere said that Eli Lilly, based in Kinsale, was denying members of the union the right to be supported by SIPTU. "Our members are demanding the right to collectively bargain with their employer on matters inclusive of pay and conditions. "However, this employer was even denying SIPTU members the right to be supported by the Union in individual workplace issues, which is contrary to Statutory Instrument 146 of 2000." The trade union presented its case to the Labour Court at a hearing in late May, with the Court now issuing a recommendation stating that the Employer "recognise the Union as the representative of those operatives who are in membership of the Union and should engage with it in dealing with the issues which are subject of this claim." The SIPTU organiser said Eli Lilly management did not attend the hearing, which "illustrates the weakness of the voluntarist industrial relations system operated in Ireland when it comes to securing workers' fundamental rights." "SIPTU has written to the company regarding the provisions outlined by the Court, to date it has made no response which indicates a blatant disregard for the State's industrial relations bodies," Ms Cleere added. SIPTU Manufacturing Divisional Organiser, Neil McGowan, said: 'Last month, the SIPTU Eli Lilly Committee made a submission to the Minister for Enterprise, Tourism and Employment, Peter Burke, as part of the public consultation process on Ireland's action plan to promote collective bargaining. "The EU Directive of Adequate Minimum Wages calls on the governments of EU Member States to draw up an action plan to increase collective bargaining coverage in their economies to over 80%, in Ireland it is estimated to currently be under 35%.' In a statement to the Irish Examiner, Eli Lilly said: "Lilly does not comment on specific employee relations matters. "Our direct employee engagement model promotes open communication and teamwork, creating an inclusive work environment where all voices are heard. We prioritise transparency and mutual respect, empowering our employees to contribute to our mission."
Agriland
22-05-2025
- Agriland
TD urges safety for young farmers on rural roads
A TD has called on young farmers driving machinery on rural roads to remain vigilant, and to remember farm safety during the busy summer period. Fianna Fáil TD Peter 'Chap' Cleere highlighted the issue of young farmers driving heavy machinery, saying that being extra cautious at this time of year is important. 'This time of year is a busy time for farmers throughout the country. There is a lot heavy machinery on our rural roads as a result of this,' the Carlow/Kilkenny TD said. 'There are a lot of young farmers now coming on stream, and those who are on school holidays will be giving a lot of their time to the farm.' 'I would like to encourage all farmers to remain vigilant on our rural roads and be aware of the heavy machinery in which they are driving, as a lot of roads are narrower in these areas,' he added. Cleere highlighted recent findings from the Health and Safety Authority (HSA) which showed that fatal incidents on farms are on the rise. Two in five workplace-related fatalities are accounted for on farms, despite only representing 6.5% of the workforce. 'The recent HSA findings are quite concerning and to be frank, scary. I would encourage all farmers to do their best to minimise the risk of accidents, especially with quads on farms which are rising at an alarming rate of late,' the TD said. 'Quads, the driving of heavy-duty machinery, and working from heights are all concerns that are common themes for accidents on farms. 'Farmers are the backbone of rural Irish economies across the country. I see the valiant work the famers across my own constituency do – they are at the centre of our food industry in Ireland and contribute so much around the globe,' Cleere added. Minister stresses safety Minister of State at the Department of Agriculture, Food, and the Marine (DAFM) Michael Healy-Rae has voiced his concern about the significant increase in work-related fatalities among outdoor workers, particularly among farmers, as reported by the HSA. The minister extended his sympathies to those who lost loved ones, and recognises the pain that these families, friends and communities are going through. The minister said: 'The recent number of fatal incidents on farms is very concerning. 'These losses serve to remind us that safety must be prioritised above everything else, and farmers must make every effort to ensure their own safety and the safety of everyone working on or visiting their farm.'
