Courts / Sligo / Report
Drunk driver sacked from Iarnród Éireann job claims he was unfairly dismissed
Summary
Muiris Flynn, a 32-year-old electrician from Co Sligo, is appealing his unfair dismissal from Iarnród Éireann to the Workplace Relations Commission. Flynn, who pleaded guilty in 2019 to dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Co Roscommon, was sentenced to 30 months in prison with the final year suspended. He served 10 months of this sentence. In March 2020, while incarcerated, he received a letter terminating his contract due to frustration. Iarnród Éireann's solicitor, John Brosnan, stated the company relied on legal advice that Flynn could not fulfil his contract while in jail and that a disciplinary process was inappropriate. Flynn's barrister, Michael Kinsey, argued the dismissal was a "flag of convenience" and highlighted that Flynn's employee handbook allowed for leave of absence up to two years. Adjudicating officer Brian Dolan noted the termination letter was sent halfway through Flynn's term, questioning the legal basis of frustration. The matter was adjourned, with the adjudicator to issue a decision in due course based on case law and Flynn's evidence. Separately, the Court of Appeal previously found Flynn's original sentence unduly lenient but did not increase his active custody, instead ordering a €20,000 fine.
Who, what, where, when and why
What: Report matter: Drunk driver sacked from Iarnród Éireann job claims he was unfairly dismissed. Charges or matters: dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving and driving without insurance in the townland of Doon, near Boyle, Co Roscommon on Sunday 24 September 2017. Procedural stage: appeal
When:
- October 2019 Hearing Or Sentence
- Sunday 24 September 2017 Hearing Or Sentence
- March 2020 Incident
- October 2020 Hearing Or Sentence
- 2022-02-08 Publication
Why: An electrician jailed for smashing his father's car into a group of cyclists while driving drunk and uninsured claims he was unfairly dismissed from Iarnród Éireann because he was sacked while serving his jail sentence. CNI source report
Case subjects
Background Person
Charges: dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving and driving without insurance in the townland of Doon, near Boyle, Co Roscommon on Sunday 24 September 2017 (Admitted)
Plea: Guilty
Outcome: Muiris Flynn (32), with an address at Meadow Bank, Geevagh, Co Sligo, was sentenced to 30 months in prison in October 2019, with the final year suspended. Flynn's barrister Michael Kinsey asked his client: "You went to [him] after you got your sentence and said 'Here's my tools and the stuff I have to give back to you and I'm going to be gone for X number of months'?" "Yeah, basically, yeah," Flynn replied. "Did he say that's the end of your contract of employment?" counsel asked. "No, I asked him and he said he didn't really know, again, like what Mr Brosnan says there, he says it'd be up to the solicitors or HR or whatever and they'd decide," he said. "Did they say how they were going to decide?
Places mentioned
- Roscommon
- Roscommon Circuit Court
- Court of Appeal
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request