Prison Officer Reinstated After Unjust Dismissal Following Ukraine Service

The Irish Prison Service (IPS) must reinstate prison officer Brian Meagher, who was dismissed after going absent without leave to fight in Ukraine. The Workplace Relations Commission (WRC) determined that his dismissal was unfair, emphasizing that the IPS failed to adequately consider Mr Meagher’s circumstances and reasons for his absence.

In its ruling, the WRC found the IPS’s arguments to be “lopsided” and lacking in fairness. Mr Meagher, who was employed at Mountjoy Prison in Dublin, left for Ukraine at the end of May 2022, hoping to return by late August without anyone noticing his absence. His plans changed dramatically when he sustained a life-threatening injury while serving in combat, which left him unable to communicate effectively with the IPS regarding his leave.

The situation escalated when a senior IPS official saw Mr Meagher giving an interview while recovering in a hospital following his injury. The interview aired on RTÉ Prime Time in September 2022, raising concerns within the IPS about his unexplained absence. Subsequently, Mr Meagher was officially dismissed in May 2023, despite his sister informing the IPS in November 2022 that he had returned to Ireland for treatment but intended to come back to work.

Mr Meagher contended that he had arranged for a colleague to cover his shifts through an informal system. While he acknowledged that he should face some consequences for his actions, he argued that dismissal was disproportionate. Brian Dalton, the WRC adjudication officer, noted that the IPS had not recognized the unofficial shift swap system among staff, which contributed to the misunderstanding of Mr Meagher’s absence.

During the proceedings, the IPS argued that it had provided ample time for Mr Meagher to explain his situation and only proceeded with dismissal when he failed to provide a satisfactory response. IPS official Colette Mulvey highlighted the staffing crisis at Mountjoy, emphasizing that inmates were sleeping on mattresses on the floor due to shortages.

Despite the IPS’s concerns, Mr Meagher maintained that he never intended to leave his shifts unattended and had even paid €1,800 to a colleague to cover them. The WRC found that while Mr Meagher’s lack of formal leave was a significant issue, the IPS’s response was overly harsh given the circumstances.

In his ruling, Mr Dalton stated that reinstatement was necessary but should be accompanied by an initial probation period of six months. He recognized that Mr Meagher’s trustworthiness was not in question, citing his prior service in the Irish Defence Forces. Dalton noted that Mr Meagher had naively believed he could support Ukraine without risking his job, a plan that faltered when he could not contact his colleagues or the IPS due to safety concerns.

The WRC directed the IPS to re-engage Mr Meagher within six weeks, underscoring the need for fair treatment in employment matters, especially in light of extraordinary circumstances. This case serves as a reminder of the complexities surrounding military service and employment rights, particularly when individuals are compelled to make difficult choices in the face of war.