John Roche, who was dismissed after being caught on CCTV smoking in the work canteen, had his case for unfair dismissal rejected by the Employment Appeals Tribunal. John Roche took his former employer, B R C Mcmahon Reinforcements Ltd. to the tribunal over his dismissal in February 2009. Mr. Roche was dismissed on February 13, 2009, and the company complainted that his smoking constituted a serious breach of the company’s safety policy and that he also failed to co-operate with the investigation. Mr. Roche, from Fr Matthew Court, Tipperary town, claimed he did not know that smoking on the premises was a dismissible offence. In its ruling published, the tribunal said it was satisfied that putting the health and safety of others as well as the safety of the premises, where flammable goods are stored, at risk constituted gross misconduct and came within the respondent s disciplinary policy. It upheld the company’s decision to dismiss Mr. Roche.