Courts / Dublin / Report

Security guard who fell asleep at his post loses claim of unfair dismissal

Summary

Philip Evans, a security guard for Interserve Security (First) Ltd, filed an unfair dismissal complaint with the Workplace Relations Commission after being sacked for allegedly sleeping on duty at Deutsche Bank in Dublin on 6 January 2020. Evans claimed he was penalised for raising concerns about the health impact of night work. Interserve's solicitor, Patricia Rooney, argued that Evans was caught sleeping, that the bank's zero‑tolerance policy required dismissal, and that Evans had been dismissed following a disciplinary hearing on 31 January. Evans maintained he was not asleep and requested the disciplinary process be halted, which was denied. The commission's adjudication officer, Niamh O'Carroll, found Evans' dismissal was due solely to the alleged sleeping incident, not his health complaint, and upheld the dismissal. The company was ordered to pay Evans two weeks' wages, €1,123.20, for failing to provide notice pay.

Who, what, where, when and why

What: Report matter: Security guard who fell asleep at his post loses claim of unfair dismissal. Procedural stage: hearing_or_decision

When:

• 6 January 2020 Other
• January 6 Other
• 14 January Hearing Or Sentence
• January 31st Hearing Or Sentence
• 6 January Incident
• 2022-02-23 Publication

Why: Moving off night shift Mr Daly said the firm had alleged his client was sleeping on the job on 6 January because he was "aggrieved" about an unsuccessful application for a vacancy on the day shift. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report