One of seven prison officers dismissed for "chronic absenteeism" in 1991 yesterday applied to the High Court for "a proper and fair oral hearing" of his appeal against the decision.
In an affidavit, Mr Michael Gaughan, of Oak Tree Lawn, Carpenterstown, Dublin, claimed a substantial reason for his poor record regarding sick leave was his involvement in sporting activities, "particularly rugby and GAA sports and injuries sustained".
A Department of Justice representative said the bill for absenteeism in the prison service was £4.271 million in 1991 and £4.233 million in 1990. The court was also told the number of prison officers in Mountjoy Prison had risen to 600 now from 200 in 1991.
Mr John MacMenamin SC, for Mr Gaughan, told Miss Justice Carroll his client was informed on February 13th, 1991, that the Minister for Justice had recommended his dismissal. Mr MacMenamin said that during Mr Gaughan's period of service in the 1980s he and his colleagues had been expected to work 20 hours' compulsory overtime per week. In certain circumstances there was a system of fines introduced if officers failed to work overtime.
As a consequence, and perhaps as a reaction to overtime, absenteeism had become a constant phenomenon in the service, counsel said. The court would hear the figures for general absenteeism in the prisons were highly unusual in the context of normal employment.
Mr MacMenamin said one issue related to the substantially flawed manner of keeping records relating to absenteeism. Mr Gaughan had received no information that the Department was considering a course of action that might ultimately deprive him of his superannuation rights. He was afforded no opportunity to scrutinise records or to address the Government on the question of penalty or mitigation.
It appeared Mr Gaughan was one of seven prison officers dismissed at the time. One of the material issues involved was the manner in which these seven men had been selected.
Mr MacMenamin said they did not know if Mr Gaughan's record was one of the worst. The Government failed to consider whether any of the sick leave was justified, he said. He contended the procedures employed were such as to render the dismissal void and placed an onus on the State to allow for a full and proper oral hearing.
In an affidavit, Mr Brian Purcell, an officer in the Department of Justice, said that in 10 years Mr Gaughan had been absent on sick leave for 110 separate periods for a total of 358 days.
His attendance record was always a matter for serious concern. His claim that a substantial reason for his poor sick leave record was his involvement in sporting activities did not stand up to close examination. Of the 110 periods of absences fewer than 20 were in the injury category.
Mr Gaughan's priority should have been his career, and if sporting injuries were preventing him from giving effective service then he should have taken up a less risky sport, Mr Purcell said. Mr Gaughan had admitted his record was unacceptable, and the Prison Officers' Association accepted it was very high and difficult to explain.
The hearing continues today.