A security guard who was sacked following a tiger kidnapping at a Bank of Ireland branch in Dublin was unfairly dismissed, the bank conceded this morning.
At an Employment Appeals Tribunal the bank said it would not bring any evidence in an unfair dismissals case involving David Lynch, one of its former security guards, because it did not want sensitive information to be heard in public.
The 43-year-old Dublin man had been working at the bank's College Green branch in February 2009 when €7.6 million was stolen. The money was withdrawn by a staff member after his family was held hostage in their Kildare home.
Counsel for the bank, Tom Mallon BL, said Mr Lynch was dismissed for his failure to comply with procedures during the course of the tiger kidnapping.
He said the bank had, in co-operation with authorities, "certain procedures and practices in place to counter such attacks". He described the procedures as "extremely sensitive" and said their exposure in a public forum could put the lives of staff at risk.
"My client is entitled to take all necessary steps to protect the health and safety of its staff," he said.
The bank was not in a position to "even risk" the exposure of its procedures and so would not bring evidence to justify the dismissal, therefore there would have to be a finding of unfair dismissal, he said.
Counsel for Mr Lynch, Marcus Dowling BL, said his client wanted to be reinstated in his position as a security guard, where he earned almost €51,000 a year.
"There is no evidence before this tribunal upon which it can make a finding of some impediment to re-employment," he said. He also said there was never any allegation of dishonesty against his client.
Tribunal chairman Charles Corcoran said the case was "most unusual" since the tribunal would not be deciding whether Mr Lynch was unfairly dismissed, but would only decide what remedy he should be given. He could be reinstated or compensated for his loss of earnings, Mr Corcoran said.
A decision on Mr Lynch's case is likely to be made within the next two months.
