An employee has been dismissed after refusing to wear a piece of personal protection equipment (PPE). The employee was instructed to wear a hard hat but removed it when it became too hot. The employee was instructed to put the hard hat back on by his supervisor but refused, despite it being a health and safety requirement.

The Employment Relations Authority dismissed the employee’s personal grievance claim for unjustified dismissal.

The ERA found that the employer’s decision to dismiss the employee was fair and reasonable in the circumstances. The employer had carried out a sufficient investigation and had genuinely considered the employee’s explanation for his actions before deciding to dismiss the employee.

The ERA noted that while there were some issues with the hard hats, the employer had been trying to solve the situation and was actively engaging with the Union.