Injury @ Lisheen mine ruling.

chris2008x

Lisheen Mine cleared of wrongful dismissal
19 May, 2012 - Company cleared after private investigators follow injured man



Lisheen Mine has been cleared of wrongly dismissing
an employee.

Thoma Patten, from Urlingford, began working at the mine
in November of 2005, and claimed that an injury he sustained
to his back in 2008, kept him out of work.

This was despite claims by the Companys doctor, that his
condition had improved.

The company then hired a private investigator, who observed
Mr Patton, lifted heavy metal sheets and moving without
any obvious discomfort.

He was then fired by the Mine.

In his action, taking against the company at the Employment Appeals
Tribunal, it was ruled that they did have have justification
in terminating his employment.

What is everyone's thoughts on this?

Although I agree that this employee should be sacked I don't agree with the way this happened with this company hiring a private investigators to follow him around in the case if he was really sick he has a right to privacy. Apparently this is common practice in Germany and other countries. Just never expected it went on in Ireland especially in the Thurles area. I think it is an American crowd that own the Lisheen mine.

This also raises questions about how private investigators are unregulated in this country and how this testimony was presented to the tribunal. Also how does a tribunal come to the conclusion that this man wasn't injured. Only person who can tell you that is a medical professional. Also should employers require injured/sick employees to go for regular check ups with an independent doctor.

Eoin

chris2008x wrote: »

Also should employers require injured/sick employees to go for regular check ups with an independent doctor.

Absolutely - and many do require someone on regular or extended sick leave sees their doctor.

There are way too many doctors out there happy to get their few quid for a bullsh1t sick cert.

When it comes to unfair dimissals, the burden of proof is very heavily on the employer's side, so when the employer is backed up by a court, you can be pretty sure that they went through the right procedures.

Irish_Elect_Eng

Employers do not "randomly" hire PIs to track people.

The couple of times that I have seen them used, it was after the fraud had been reported to the company by a co-worker of the criminal in question.

In my experience people with genuine work related injuries are treated very well in Ireland relative to other countries, no-one wants a colleague to sustain an injury at work and most employers are very responsible.

But of course your experience may vary...

mm_surf

Key line is this, OP:
"This was despite claims by the Companys doctor, that his
condition had improved."

Doctor said he was improved. Employee claimed otherwise. Investigators used to check.

Perfectly normal. And considering an injury claim for a "bad back" can run to €100K and more, it's no surprise that an investigator was used.

M.

Shelflife

You will probably dind that it was the firms insurance company that hired the PI.

What harm can come of it, if you are genuinely injured you have nothing to hide, if you claim that you are unfit to work and in fact you are fit to work then you are committing fraud.

Its not as if the PI is snooping through their bedrooms, its simply following them in the public domain.

leeroybrown

Normally in these cases the solicitor acting on behalf of the insurance company will engage a private investigator for them. It's quite expensive so it's generally only done in cases where there's a disagreement over the diagnosis or the "injured" party is refusing a reasonable settlement.