The Workplace Relations Commission found that Securitas Security Services (Ireland) Limited unfairly dismissed security officer Ciaran Kelly and awarded him €21,216 in compensation. The decision was dated 16 January 2023.
The case followed an incident on 9 December 2020, when Kelly allowed a distressed visitor who urgently needed a toilet to go to the main building before completing the usual access process. Securitas said he breached site access instructions and failed to report or log the incident. Kelly accepted that he had not followed procedure, but said he was helping someone in distress.
The WRC found there was ambiguity about what staff should do when a member of the public urgently needed toilet facilities. It concluded the dismissal was disproportionate and was not within the bounds of a reasonable employer. The WRC declined to reinstate Kelly, citing a breach of trust and the nature of the client-site work. It awarded compensation, taking account of his efforts to mitigate his loss and the circumstances of the case.