A security guard who was dismissed after being found asleep on duty at a Dublin primary care centre has lost his claim for unfair dismissal at the Workplace Relations Commission (WRC).
Amen Kifle argued during the hearing that he had not been asleep, but had simply closed his eyes due to a migraine, reports Breaking News.
The case heard that Mr Kifle was employed by Synergy Security Solutions for just over a year when a compliance officer visited a Coolock primary care centre at around 5:30am last July and reported finding him asleep on duty.
A supervisor reportedly had to knock on a door for about a minute before Mr Kifle responded, reports Breaking News.
In evidence, Mr Kifle described himself as a punctual and reliable employee with an unblemished record, and said he had often worked flexible hours to support his employer.
He told the WRC he had been on a 13-hour shift without a break and developed a migraine on the morning in question, claiming he took medication and briefly closed his eyes due to pain and light sensitivity, reports Breaking News.
He also raised concerns about alleged inconsistent treatment, stating that a colleague who had been found sleeping twice had only received a warning and was later promoted.
Mr Kifle further claimed he was made to work seven consecutive days without a break and alleged inappropriate questioning about his religion by a supervisor, reports Breaking News.
The company told the WRC that Mr Kifle had initially admitted during an internal investigation that he had been asleep on duty.
Synergy Security Solutions said it operated a “zero-tolerance” policy on sleeping while on duty and that dismissal was justified due to gross misconduct, reports Breaking News.
It argued that a fair investigation and appeal process had been carried out before the termination decision was made.
WRC adjudication officer Dónal Moore found that the company had provided consistent documentary evidence of Mr Kifle’s admission that he had been asleep and preferred this over his later denial, reports Breaking News.
He also said the disciplinary procedures were robust and that trust in the employee had been lost, which was particularly significant given the nature of security work.
He concluded that the dismissal was justified and that Mr Kifle’s claim under the Unfair Dismissals Act 1977 was not well founded.
He added that other complaints relating to working hours and discrimination could not be considered as they had not been formally referred to the WRC, reports Breaking News.
Tell us your thoughts in the Facebook post and share this with your friends.
