Truck driver who crashed three times in a month fails with unfair dismissal case

A truck driver who was sacked after causing three separate road traffic accidents in just over a month has failed in his action for unfair dismissal against his former employer.

An adjudication hearing of the Workplace Relations Commission (WRC) heard that Darren Hogan had driven an articulated lorry for Cosgrave Transport Limerick Limited since March 2018.

However, he was involved in three traffic accidents while at work between December 2022 and January 2023. He accepted that he had been responsible for each one and that they could have been prevented.

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The transport company investigated each of the accidents in line with its procedures, and even arranged an occupational health assessment for Mr Hogan in case there were underlying medical issues that were affecting his performance.

He was issued with a written warning in respect of the first accident, a final written warning in respect of the second, and was dismissed following an investigation and disciplinary process after the third.

Mr Hogan did not appeal either of the first two warnings but did appeal the dismissal, which took place at the end of March 2023. However, he failed to attend two appeal meetings and did not reply to an email about his intentions regarding the appeal.

His former employer told the WRC that it had acted fairly in line with its own procedures, and argued that the decision to dismiss the truck driver in the wake of the three accidents had been reasonable.

A witness for the company told the adjudication hearing that Mr Hogan had accepted responsibility for each of the three incidents that occurred during the period of just over one month.

In his decision, WRC adjudication officer Andrew Heavey said he could find no procedural deficiencies in the manner in which the incidents had been investigated and the complainant dismissed.

He said Mr Hogan had ultimately been dismissed due to his lack of competence to do his job.

“The complainant accepted responsibility for each of the accidents and also that they could have been prevented,” he said.

“The respondent initiated an investigation and disciplinary process and the complainant was ultimately dismissed on the basis of his lack of competence/capability to carry out the duties of an articulated truck driver.”

Dismissing the claim of unfair dismissal, Mr Heavey said: “I find that the employer acted fairly towards the complainant and its actions to dismiss him were within the band of reasonable responses of a reasonable employer.”

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