Philip Evans v Interserve Security (First) Ltd First Security [2022]

Posted In: Case Law
  • Decision Number
    ADJ-00028233
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance
Issues covered: Unfair Dismissal; Penalisation; Health Assessments for Night Workers; Minimum Notice; Burden of Proof; Reasonableness of Dismissal

The Complainant worked for the Respondent as a security officer from December 2015 until 31st January 2020 when he was dismissed for gross misconduct relating to a ‘sleeping on duty’ incident.   

The incident in question was stated to have occurred on the 6th and 7th January 2020 when the Complainant fell asleep for 90 minutes during a 12-hour shift.  The Complainant disputed the allegation that he was asleep and argued that the entire disciplinary process, from the initial investigation onwards was biased, and it also gave no consideration to the impact working night shifts was having on the complainant’s health.  The Complainant had emailed the company 2 weeks prior to

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This article is correct at 24/02/2022
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