Man sacked by freezing company used by Wales and top soccer team wins court

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The director of a cryotherapy company used by international football clubs and the English Premier League, including Wales, has been fired after dangerous gases were installed leaking into the cold room, which “could lead to injuries”. The Labor Court considered it. But David Morris has now been awarded compensation after the court learned that his company knew what he was doing.

Mr. Morris was involved in organizing one of the 800 rooms valued at $80,000 because the company’s engineer was unavailable. But a few days later, a potentially dangerous leak was discovered that could kill someone using high-tech equipment, the court heard.

The 55-year-old, whose LinkedIn profile portrays him as a high-profile user like Welsh star Gareth Bale, was later fired by CryoAction – co-founder – for installing the device despite being “not a qualified engineer”. However, the court ruled in his favor after concluding that employees, including the company’s head of health and safety, knew he was doing the job but said nothing against him.

Mr. Morris’ allegations of unfair dismissal have worked, and he is now ready to receive compensation. CryoAction’s clients include the Welsh national football team and Glasgow Rangers as well as Premier League teams Leicester City, Arsenal, Everton, Watford and Southampton.

The company sells equipment, including cryotherapy cameras, to professional sports teams, spas, health centers, gyms, and specialty cryotherapy clinics. Cryotherapy involves the use of extremely low temperatures to combat injury or disease and is widely used to treat soft tissue injuries.

The court heard that Morris co-founded London-based CryoAction in 2015 with Ian Saunders, also 55, both of whom were equal shareholders and directors of the company. During the remote hearing, the company’s cryotherapy cameras are equipped with a “conductor” that acts as a “safety valve” for “dangerous” liquid nitrogen, which replaces oxygen during expansion and can cause suffocation.

Prior to 2019, the court heard that both Mr. morris that mr. Saunders would “occasionally” do maintenance work to install and repair the cameras. However, in January 2019, the company appointed a Technical Director – Sean Turton – who was responsible for the “engineering function” across the company.

The commission was told that the appointment was the result of the client receiving a “full refund” of approximately $79.79,000 after the partition was incorrectly installed. The court heard that although Mr Turton had installed eight cameras in “All Bars One” since March 2019, those that had not been installed, Mr Morris had installed them in central Glasgow at the end of January 2020.

The liquid nitrogen tank was then installed by an outside company after it was delivered, and the final ‘start-up’ of the entire unit was scheduled for January 31. The court heard mr. Morris sends a letter to mr. Turton, who was also the company’s chief health and safety attorney. Officer – to say he would set the date on the “activation cable” because Mr. Turton was unavailable.

He also told his colleagues in Poland that he would do the job. Mr. Morris contacted Mr. Turton for advice on the successful installation and connection of the camera.

However, in mid-February, a company that went to fill a tank with liquid nitrogen told CryoAction that it noticed a “gas leak” from a pipe in a bedroom. The court heard that the system was immediately shut down on the advice of the master. Turton and mr. Morris was later suspended on leave when Mr. Saunders returned from a business trip to France.

It has also been removed from workgroup chats on WhatsApp and company office keys have been changed before returning from vacation. Mr Morris was fired for misconduct relating to the installation of the Glasgow camera because he was “unqualified” to take up the job as an “unskilled engineer”.

The prosecution further states: “Your intentional actions can have not only serious consequences, but also serious consequences for the company because of its reputation. Mr. Morris appealed his dismissal, arguing that the decision to fire him was a “pretrial” and complained that Mr. should not Sanders and his wife are implicated in disciplinary proceedings for “conflict of interest” as shareholders.

Labor Justice Stephen Jenkins ruled that Mr Morris was “qualified” enough to set up the chamber and argued that if other employees had any doubts about the “safety” of Mr Morris’ job, they would have fired him. Judge Jenkins said, CryoAction found Mr. Morris guilty of gross misconduct. [but] I conclude that this conclusion was unreasonable under the circumstances.

Mr. Turton emphasized his point of view [company]If the health and safety manager has doubts about the safety of the work performed, he will raise them. Mr. Morris asked Mr. Turton for assistance over the phone and, as I have previously stated, Mr. Turton has not expressed any concern about Mr. Morris’ performance.

“It was clear that Mr. Morris was qualified to do the job, which was very simple. The machine was made in Poland and checked there before being shipped…after which the pipes and valves were installed.

“So all that remains is to operate the equipment.”

Mr. Morris’ allegations of unfair dismissal have been successful and a trial will be held to determine compensation. Other reports of breach of contract, unauthorized deductions from salary, non-payment of leave, failure to provide employment details, and failure to pay individual pay slips have failed.

A spokesperson for CryoAction said in a statement: “As a result of the ruling, policies and procedures have changed. Security is our primary concern and any breach of our company’s security principles will not be tolerated.”

Of course we are disappointed with the court’s outcome.”

Source: Belfastlive

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