A DISMISSED prison officer should not “suffer the consequences” of the Irish Prison Service’s “inefficiencies” in failing to pass a letter of appeal to the Department of Justice on time, his lawyer told the Employment Appeals Tribunal yesterday.
Former probationary prison officer Martin Reddan took a case against his dismissal from the Irish Prison Service because of alleged high levels of sick days and late arrivals for work.
Mr Reddan’s letter appealing a recommendation for him to be dismissed did not reach Department of Justice secretary general Seán Aylward before he made his decision, Cathy Maguire, for Mr Reddan, said yesterday.
Mr Reddan had given prison authorities the letter “in good time”, she said. It was the prison service’s problem if it could not send a letter “between various arms and bodies”. Mr Reddan was dismissed in August 2010.
Mr Alyward told the tribunal on Monday that his decision would have remained the same whether or not he had received the letter on time, Anthony Kerr, instructed by the State Solicitors’ Office, recalled yesterday.
Mr Reddan was unable to provide “regular and consistent” service despite being given ample warning, Mr Kerr said.
Mr Reddan’s lateness and sick absences did not give grounds to justify dismissal, Ms Maguire argued.
He had not exceeded the 28 certified sick days allowable under guidelines, she said.