Ascon, one of the biggest engineering companies in the country, was fined 25,000 in Cork Circuit Criminal Court in February 2006 after three employees were injured when three large precast concrete beams collapsed during work on the Youghal bypass in Cork.

At the Court of Criminal Appeal, Ascon unsuccessfully appealed a 15,000 fine after a worker was seriously injured when he came into contact with a 10,000 volt overhead line during the construction of a motorway in Sandyford in Dublin in 2002.

In an affidavit to the High Court last week, senior health and safety inspector Padraig Delaney admitted that he sent an email in February to Eric Fleming, a board member of the National Roads Authority (NRA), pointing out that Ascon has a "very serious occupational health and safety based criminal record" and that he wished the NRA to be aware of that in any future contractual matters that might involve Ascon.

Delaney fought his dismissal in the High Court last week on the basis that the HSA investigation was flawed. Justice Gilligan said there were "serious issues at stake" and the HSA's procedures in dismissing Delaney were "unsatisfactory".

Fleming, who is also Siptu spokesman on health and safety, said that Ascon's health and safety record had improved considerably from about 10 years ago but, like other contractors, had slipped back of late. This was primarily down to the intense competition between major contractors for multi-million government contracts, he said."It is a very sorry day when such an experienced health and safety inspector is sacked in such circumstances, " said Fleming.

Ascon is currently involved in the redevelopment of Lansdowne Road and last January was awarded the 10m contract to extend Waterford Port. Last year former junior Minister Tom Parlon awarded Ascon the contract to build new offices for the Revenue Commissioners in Linn Dubh, Cork.