Security guard who seized knife unfairly sacked

A woman security guard at Shannon Airport was told by her employer she could no longer work at the airport after she took a Stanley…

A woman security guard at Shannon Airport was told by her employer she could no longer work at the airport after she took a Stanley knife from a passenger when only warranted officers such as airport police were allowed to do so.

The news was conveyed to Ms Susan Leonard, of Lothlorien, Carraig Lia, Shannon, Co Clare, shortly after she registered a complaint against an airport policeman.

Yesterday she succeeded in an action for constructive dismissal against her employer, Securicor Security Services Ireland Ltd, with an address in Rialto, Dublin.

An Employment Appeals Tribunal heard Ms Leonard had several problems with one airport policeman employed by the airport's administrative body. She told the tribunal, which awarded her €5,723, that the problems with him began in 1997 when she asked him for help searching a male passenger in a wheelchair. He didn't respond. When she asked if he heard her he shouted: "If you don't shut up I'll sack you".

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She complained in writing to the airport's personnel section. Ms Leonard was summoned to a meeting in December 1997 by her manager. He told her she would no longer be working at the airport. There were three reasons: she had taken a Stanley knife from a passenger when only warranted officers such as airport police could do this; she had operated the luggage machine, which she should not have done; and on one occasion while chatting to an airport police inspector she had complained about work conditions. Ms Leonard told the manager she handed the knife to a warranted officer on confiscating it. She also told him she was not aware only warranted officers could seize such items, and her employment recommenced.

Another incident occurred with the airport policeman on December 9th, 2000. A crew of pilots were coming through the search area and asked if they could pass through an exit without going through customs. The airport policeman told them they could. She told the crew, who were carrying suitcases, they would have to go through customs. The policeman shouted at her to mind her own business and let them through. She made a complaint of bullying against him.

In January 2001 she received a letter from the company informing her she was to be transferred to another assignment in Raheen, 21 miles from her home. She contacted her union official who arranged a meeting with the company. The company said she was an excellent worker, and it was moving her for her own sake. She told them she couldn't possibly move to Raheen and in February she received a letter from the company stating it had no alternative but to lay her off as she was not prepared to work in Raheen, and there was no other work available for her.

Securicor Security Services Ireland Ltd's human resources manager at the time told the tribunal that the airport requested Ms Leonard be removed for three reasons: because she was not a team worker, it had "qualms about her", and the working atmosphere had deteriorated since she had arrived at the airport. He never conveyed these reasons to Ms Leonard, however. He felt she was doing a good job and hoped the issue would settle down and the airport would forget its request.

The tribunal said it was a particularly difficult case to decide. It recognised that if the airport insisted upon the removal from its premises of an individual person, the security company had no alternative but to comply.

It added, however, that Ms Leonard had been misled by the company as to the reasons why the airport authority found her unacceptable, and this was one of the major factors that caused her to resign. It followed that she had been constructively dismissed.