Courts / Ireland / Report

Security guard fairly sacked for sleeping on the job

Summary

In a 2022 ruling, the Workplace Relations Commission upheld the dismissal of security guard Jaroslaw Lukasiewicz by K‑tech Security Unlimited Company after he was found asleep on duty at a housing estate in Offaly, where he was responsible for assets worth millions of euros. The company argued that his sleeping constituted serious breaches of discipline and a breach of client trust, citing potential disastrous consequences such as a fire or break‑in. Lukasiewicz admitted he had fallen asleep but contended it was involuntary, citing long, variable shifts that he claimed disrupted his sleep rhythm. The WRC found no evidence of procedural defects and accepted the company's position that the dismissal was fair, noting that the company complied with the Organisation of Working Time Act and that Lukasiewicz had taken all entitled breaks. The decision was upheld on appeal to an independent expert.

Who, what, where, when and why

What: Report matter: Security guard fairly sacked for sleeping on the job. Procedural stage: hearing_or_decision

When:

• 10 December 2019 Other
• 16 December Hearing Or Sentence
• 2022-05-20 Publication

Why: Because his hours varied, the WRC was told, they "had an impact on his sleep rhythm and left him exhausted and jet-lagged". CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report