The Irish Prison Service (IPS) has been instructed to reinstate a “naive” but brave prison officer who went missing for months to serve with the Ukrainian Foreign Legion, allowing him to return to duty under a six-month probationary term, reports Breaking News.
This decision follows a ruling by Workplace Relations Commission (WRC) Adjudicator Brian Dalton, who determined that the IPS had unfairly terminated Mountjoy prison officer Brian Meagher in May 2023.
Mr Dalton concluded that the IPS had failed to sufficiently justify Mr Meagher’s dismissal, stating that the details of the case contrast most misconduct scenarios and instead reflect “courage and character to help others”, reports Breaking News.
He said: “I find that reengagement to be the most appropriate remedy,” reports Breaking News.
The adjudicator directed that Mr Meagher be reinstated within six weeks of the decision and begin with a six-month probation period.
Mr Dalton also ruled that Mr Meagher’s absence should be classified as a leave of absence for the purpose of calculating salary increments and service-related benefits at the time of his reinstatement.
During the two-day WRC hearing, Mr Meagher testified that his daughter is Ukrainian and, being a former member of the Defence Forces, he felt a moral duty to assist, reports Breaking News.
He maintained that abandoning his post was never his intention and that he had arranged and paid a colleague to cover his shifts in his absence.
Although Mr Meagher acknowledged that some form of disciplinary action was appropriate, he argued that termination was excessive given the unique context of the situation.
He recounted leaving Ireland for Ukraine around May 27th or 28th, 2022, explaining his desire to “go and help” and noting that his three-year-old daughter was living less than 20km from Ukraine’s border at the time, reports Breaking News.
The IPS dismissed Mr Meagher after a senior official saw him appear in a September 2022 RTÉ Prime Time interview, speaking from a hospital bed after being seriously injured by a landmine during combat.
At the WRC hearing, Mr Meagher said he had arranged for his Mountjoy duties to be covered by a colleague through an unofficial “swap system” and hoped to travel to Ukraine and return “with no-one knowing”, reports Breaking News.
In his decision, Mr Dalton accepted that Mr Meagher “did not intend to abandon his post”.
He said: “The Officer put in place cover for his absence. The reason why this system failed arose because he was not allowed to communicate while on combat duty. That was further compromised when he suffered a serious and life-threatening injury,” reports Breaking News.
Mr Dalton also found Mr Meagher’s account of relying on an unofficial practice where colleagues informally covered one another’s shifts to be credible.
In ordering Mr Meagher’s return to work under probation, Mr Dalton noted a current shortage of qualified prison officers.
He said: “There is no question about the officer’s character and honesty. He previously served in the Defence forces. However, he does need to prove to his employer that he is reliable and has learnt from a set of circumstances that is highly unlikely to occur again”, reports Breaking News.
Mr Dalton concluded that the dismissal was unjust and lacked procedural fairness, stating that Mr Meagher never received a formal hearing where he could have been properly represented or explain his reasoning for leaving and the arrangements he had made.
He highlighted that Mr Meagher was not given the chance to contest the Human Resources Officer’s claim that he had abandoned his post or question those involved in the process, reports Breaking News.
Mr Dalton also pointed out the absence of a proper record of Mr Meagher’s version of events or any consideration of mitigating factors when determining an appropriate sanction for the situation.
He remarked that the exchange of written correspondence between both parties fell short of the standard of fair procedures expected in such a case.
Additionally, Mr Dalton said there was no strong indication in IPS documentation that Mr Meagher’s explanation was genuinely taken into account, nor evidence of an impartial investigation that considered the informal method of arranging shift cover, reports Breaking News.
While Mr Dalton ruled out immediate reinstatement, he explained it was “not a just remedy as the Officer failed to follow the correct procedures to obtain leave of absence”.
He concluded that the facts and broader context of the case show the IPS failed to apply fair procedures or consider all relevant elements, reports Breaking News.
Among the factors Mr Dalton cited were the use of an unofficial cover system, payment made by the officer for cover, Mr Meagher’s intention to offer short-term support in Ukraine, his daughter’s Ukrainian nationality, his prior Defence Forces service, his lack of awareness, his serious injuries and limited ability to communicate with the IPS, as well as the difficulty he faced securing union or legal representation.
In the proceedings, Mr Meagher was represented by Thomas Loomes & Co. Solicitors and Brian Carroll BL, while the IPS was represented by Peter Leonard BL, instructed by solicitor Jennifer Murray from the Chief State Solicitor’s Office, reports Breaking News.
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