The Workplace Relations Commission (WRC) has ruled that the dismissal of Mountjoy Prison officer Brian Meagher was unfair, after he left his post in 2022 to volunteer in Ukraine under extraordinary circumstances.

Background

Meagher, whose young daughter is Ukrainian, travelled to Ukraine in May 2022 and claimed he arranged unofficial shift cover before leaving. He was later seriously injured and appeared on RTÉ’s Prime Time from a hospital bed, which brought his absence to the attention of the Irish Prison Service (IPS). The IPS deemed his absence unauthorised and dismissed him in May 2023.

WRC Findings

The adjudicator criticised the IPS for procedural failings, noting:

• No formal disciplinary hearing was held, despite Meagher being entitled to one.
• His serious injuries and inability to communicate were not properly considered.
• His reliance on an informal “swap system” for shift cover was dismissed without fair assessment.

While the IPS had reason to question his actions, the WRC found the process lacked fairness.

Decision

Reinstatement was not considered appropriate due to Meagher’s failure to follow leave procedures. However, the WRC ordered a more balanced outcome:

• Re-engagement within six weeks on a six-month probation.
• His absence is treated as authorised leave, ensuring his pay progression and service benefits are maintained.

Why It Matters

This decision shows that even in extreme cases, employers must uphold fair procedures. It highlights the balance between enforcing workplace rules and recognising exceptional personal circumstances.