Dinsmore v Terex GB Limited [2022]
Decision Number: NIIT 18568/21 Legal Body: Northern Ireland Industrial Tribunal
Published on: 15/09/2022
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimant commenced employment with the respondent in June 1988 and at the time of dismissal, in October 2020, was a Stores Supervisor at the Dungannon site.  The respondent is a manufacturer of mobile screening, washing and recycling equipment for the quarry/mining industries.  As a result of the heavy engineering the respondent operates a ‘safety first’ policy.

On 25th June 2020, another employee, Mr Collins, was operating a forklift vehicle and accidently pushed a 41kg pump off warehouse shelving causing it to drop 13 feet to the floor.  Mr Collins reported this to the claimant the following day.  The claimant reported the pump damaged to the Quality Inspector who then asked for it to be scrapped.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 15/09/2022