# If you were an NCT inspector, what would you do?



## Brendan Burgess (14 Oct 2008)

True story. If you know the answer, please don't reply. 

An NCT inspector was going to fail a car. The customer said that his wife was in hospital with cancer, so he needed the car to visit her in hospital.

What would you do if you were the NCT inspector?


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## DaveD (14 Oct 2008)

I guess by your phrasing of the question its not a cut and dried pass or fail. However, if I was an NCT inspector I'm sure I'd hear a million reasons every day why the customer needed the car to pass, I'd have no way of knowing if they were true or not. That said, if I was the guy with his wife ill with cancer I don't think my car having a current NCT would be top of my list of worries!

So, as the inspector I would tend to think he was lying and fail the car. Didn't think they had any discretion in the matter anyway, other than falsifying a legal document, which I presume would lead to their loss of job and possible criminal prosecution.


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## Ris (14 Oct 2008)

I would see if there was something I could do about getting the customer back in urgently - maybe within a day or two - for re-inspection. I would still fail it but try and help some other way. Not knowing the system I dont know if thats possible but if it were thats what I would do.


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## rmelly (14 Oct 2008)

Brendan said:


> True story. If you know the answer, please don't reply.
> 
> An NCT inspector was going to fail a car. The customer said that his wife was in hospital with cancer, so he needed the car to visit her in hospital.
> 
> What would you do if you were the NCT inspector?


 
Postpone the test?


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## Murt10 (14 Oct 2008)

Fail him.

If it's only something small like emmissions he can plead his case with the Gardai if he is pulled in with no NCT. 

If on the other hand I pass a car with faulty brakes, I'll be lucky if I just lose my job if he kills someone.


Murt


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## Towger (14 Oct 2008)

Fail him. I am sure they hear these types of stories eveny day. Even if true not having a valid NCT Cert will not put a car off the road.


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## theoneill (14 Oct 2008)

I’m wondering if the NCT guy demanded proof. Like seeing the sick wife or something.


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## Brendan Burgess (14 Oct 2008)

OK, so the Inspector actually passed the car and gave the customer a list of jobs to be fixed. 

Next question. You are the Management of the NCT, and this is brought to your attention. How would you deal with the Inspector?


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## jhegarty (14 Oct 2008)

Brendan said:


> Next question. You are the Management of the NCT, and this is brought to your attention. How would you deal with the Inspector?




Depends on the defect.... if a safety (breaks etc...) one then I sack his ass....


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## theoneill (14 Oct 2008)

I'm guessing no good deed goes unpunished


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## starlite68 (14 Oct 2008)

sit him down and tell him its a rare thing these days to find someone with a heart.


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## efm (14 Oct 2008)

Brendan said:


> OK, so the Inspector actually passed the car and gave the customer a list of jobs to be fixed.
> 
> Next question. You are the Management of the NCT, and this is brought to your attention. How would you deal with the Inspector?


 
I would give the inspector a verbal warning that stays on his record - he needs to be reprimanded for failing to follow procedure but his reasons for doing so were altruistic and honourable and he didn't gain anything by passing the car - he was naive but not malicious.

However, that is how I would manage the situation but there are probably sufficient grounds to sack the employee so NCT management probably would be within their rights to do so if they so choose.


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## Slaphead (14 Oct 2008)

I'd get the imaginary violin out.


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## Brendan Burgess (14 Oct 2008)

OK, so they went through the disciplinary proceedings and they fired him. 

He appealed to the Employment Appeals Tribunal. 

How did they rule?


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## Caveat (14 Oct 2008)

It's difficult to imagine that they would uphold the appeal but I'm guessing the story becomes a little more complicated now anyway.


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## demoivre (14 Oct 2008)

Had the Inspector failed the car and pointed out the problem areas the customer could still have driven away and had the use of his car until the retest. I fail to see why the Inspector *had* to pass the customer in the first place.


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## ubiquitous (14 Oct 2008)

Brendan said:


> OK, so they went through the disciplinary proceedings and they fired him.
> 
> He appealed to the Employment Appeals Tribunal.
> 
> How did they rule?



I presume they reinstated him or awarded him significant compensation, based on this case involving Tesco and a breach of the smoking ban by a bereaved employee.

http://www.independent.ie/national-...-letting-upset-worker-smoke-unfair-79522.html

Am I right?


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## rmelly (14 Oct 2008)

demoivre said:


> Had the Inspector failed the car and pointed out the problem areas the customer could still have driven away and had the use of his car until the retest. I fail to see why the Inspector *had* to pass the customer in the first place.


 
Yes, also in my experience, you don't interact with the Inspector until he presents you with the test result, printed out from their system, so I'd like to understand the sequence of events in this case. 

For example did the Inspector change the result in the system and print it out again? Or did the owner hang around the car and talk to the Inspector as he was taking it to be tested?


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## FredBloggs (14 Oct 2008)

rmelly said:


> Yes, also in my experience, you don't interact with the Inspector until he presents you with the test result, printed out from their system, so I'd like to understand the sequence of events in this case.
> 
> For example did the Inspector change the result in the system and print it out again? Or did the owner hang around the car and talk to the Inspector as he was taking it to be tested?


 
Thats my experience too.  don't know how he could have altered the result.  also don't know why he'd have to pass it.  Cars that fail drive away and return for a retest.  Not like a driving licence.


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## Seagull (14 Oct 2008)

I'm guessing the driver was on the appeals board and ruled in the employee's favour.


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## Caveat (14 Oct 2008)

Seagull said:


> I'm guessing the driver was on the appeals board and ruled in the employee's favour.


 
Aha! I wonder...


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## Brendan Burgess (14 Oct 2008)

Seagull said:


> I'm guessing the driver was on the appeals board and ruled in the employee's favour.


 
I don't understand what you mean? The Employment Appeals Tribunal members would absent themselves from any case where they knew the parties involved. 

Brendan


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## Purple (14 Oct 2008)

Brendan said:


> I don't understand what you mean? The Employment Appeals Tribunal members would absent themselves from any case where they knew the parties involved.
> 
> Brendan



So what's the answer (or is this just hypothetical)?

I like efm's answers BTW


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## rmelly (14 Oct 2008)

Maybe it failed because of something like a faulty hand brake, and the one time it didn't work the car rolled down a hill and rolled over the Inspector.


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## jhegarty (14 Oct 2008)

Did he have 12 months service ?

Did I follow all company procedures including giving him a fair hearing ?


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## Brendan Burgess (14 Oct 2008)

It's a real live case which came before the Appeals Tribunal.

They reinstated him. Only around 2% of cases are actually reinstated.

Read the full decision  in this PDF:

[broken link removed]


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## starlite68 (14 Oct 2008)

sounds like a fair judgement


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## Bronte (15 Oct 2008)

Well the days of baling twine are still with us!  The fact that if C had not passed the car and she could still have been able to use the car says it all really.  I would have understood him having sympathy for her it if the car would have been impounded.  The whole point of the NCT is to make car more roadworthy.  C's job is very clear, certain items are an automatic fail and he did not do his job, what if he does it again for someone else and that person has an accident because the car is not roadworthy.   

About a week ago a relation of mine had a car NCT test recently and the garage mechanic to which it was brought to beforehand brought the car to the NCT for said relation.  It passed.


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## rmelly (15 Oct 2008)

Brendan said:


> It's a real live case which came before the Appeals Tribunal.
> 
> They reinstated him. Only around 2% of cases are actually reinstated.
> 
> ...


 

Who writes this? It was making sense to me until references to 'H' start at the top of page 3 ('T spoke to H who requested a meeting.').

H is referred to a number of times subsequently, BEFORE he is partially identified at the bottom of page 3 ('H was her mechanic') however there is no '(hereafter referred to as H)'.

As such I rule this Determination to be invalid and withdraw the right of appeal.


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## Caveat (15 Oct 2008)

Well spotted. 

I have seen a few semi-legal documents like these re investigations/appeals etc and they are often shockingly badly presented/worded and sometimes ambiguous and self contradictory - extremely careless and unprofessional given the nature of the documents.


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## Brendan Burgess (15 Oct 2008)

I think that the guy who wrote this report should be fired immediately.

Brendan


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## jhegarty (15 Oct 2008)

Brendan said:


> I think that the guy who wrote this report should be fired immediately.
> 
> Brendan



You mean person Q ?


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## Purple (15 Oct 2008)

Brendan said:


> I think that the guy who wrote this report should be fired immediately.
> 
> Brendan



 ...and so it goes on...


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## Seagull (16 Oct 2008)

Brendan said:


> I think that the guy who wrote this report should be fired immediately.
> 
> Brendan


Firing him would allow him to look for another job, and possibly commit further crimes against language. I would recommend shooting him.


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