Courts / Ireland / Report
Security guard unfairly sacked after fearing site visitor would 'soil himself'
2023-01-31
Hearing Or Decision
Summary
On 9 December 2020, security guard Ciaran Kelly was on duty at a client site when a visitor, visibly distressed, asked to use a toilet before signing in. Kelly let the visitor pass and called his supervisor, who told him not to let the visitor down. Kelly believed the visitor might soil himself if delayed. That evening, the Securitas area manager suspended him. Kelly claimed the disciplinary process misrepresented facts and that the company had already decided to terminate him. The Workplace Relations Commission found Securitas had breached the Unfair Dismissals Act 1977, ordering the company to pay Kelly €21,216. The commission noted the dismissal was not a proportionate or justified last resort, and no reinstatement was ordered. The case highlights the balance between security protocols and employee rights.
Who, what, where, when and why
What: Report matter: Security guard unfairly sacked after fearing site visitor would 'soil himself'. Procedural stage: hearing_or_decision
When:
- 9 December 2020 Other
- 2023-01-31 Publication
Topics
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