Prison officer appeals dismissal on grounds of attendance

MOUNTJOY PRISON’s security screening unit was “totally dependent” on excellent staff attendance because just three prison officers were deployed there, the Employment Appeals Tribunal heard yesterday.

The tribunal was hearing an appeal by former probationary prison officer Martin Reddan against his dismissal from the Irish Prison Service because of alleged high levels of sick days and “reckonable” late arrivals for work.

Opening the case for the Irish Prison Service, barrister Anthony Kerr, instructed by the State Solicitors’ Office, said Mr Reddan had been hired in August 2008 as a prison officer, subject to a nine-week training period and one year’s probationary service.

Mr Reddan has been deployed to the screening unit, which screens visitors and staff before they can access to the prison.

But Mr Kerr said Mr Reddan’s record was not good, did not improve and, after the probationary period had been extended twice to allow him to achieve better attendance and reckonable lateness records, Mr Reddan was dismissed in August 2010.

Mr Kerr said concern had been expressed about Mr Reddan’s certified sick days and warnings had been issued. Mr Kerr said the prison service had during this time turned down a request for a transfer from Mr Reddan as transfers were based on seniority.

Mr Kerr gave details of verbal warnings to Mr Reddan and provided details of emails between the prison service’s human resources department, the Department of Justice and senior prison officers in relation to the issue.

These included a note from an assistant prison governor which warned that the security screening unit on which Mr Reddan worked had just three staff and was totally dependent on an excellent attendance record.

However, the hearing was told by barrister Cathy Maguire, instructed by Gallagher Shatter solicitors, that Mr Reddan had not exceeded the certified sick days allowable under Civil Service guidelines. Mr Reddan would have been allowed 28 certified sick days during his two-year tenure, she said. He had taken 23 and she maintained that at least 13 were “discountable” as they were for non-recurring events including a tonsillectomy and a traffic incident.

In addition, Ms Maguire said that Mr Reddan had been denied fair procedures in that he had not been told a decision was pending and had not been given an opportunity to make a submission.

She also said Mr Reddan had not exceeded the prescribed levels of reckonable lateness and there was no provision for sanctions against those who came close to the limits. Ms Maguire submitted there was breech of fair procedure and a failure to follow guidelines in the dismissal. The tribunal adjourned until May 16th.