A childcare worker who it was alleged supplied drink to under-age children in his care has failed in his action against the Western Health Board for unfair dismissal.
Mr Allan Massey, Cnoc na Cille, Ballybrit, Galway, took an action under the Unfair Dismissals Acts, 1977 to 1993, against the board following his dismissal on April 24th, 1998. The Employment Appeals Tribunal, which heard his case in July, delivered its reserved judgment yesterday.
The tribunal, under the chairmanship of Ms Mary Faherty, said it was satisfied the health board was reasonable to view the provision of alcohol by a house-parent to young people in his charge as "a serious matter" and went on to rule that Mr Massey was not unfairly dismissed.
The tribunal has been told the allegations first came to light when a 16-year-old girl told her doctor in January 1998 that Mr Massey had put his arms round her while they were drinking alone and said he wanted to "shift her".
Two young people gave evidence of being taken out by Mr Massey and supplied with beer. Witness A said that on September 26th, 1997, he returned from school upset about his Junior Certificate results. Mr Massey suggested they go for a spin. They went to Salthill, and Mr Massey went into an off-licence and came back with four cans of beer. They had two cans each and talked for approximately 45 minutes.
The witness added that on December 19th, 1997, he and three other young people from the house went out in a van with Mr Massey, who again provided cans of beer for them.
Witness B, one of the group taken out on December 19th, said they had a can and a half of beer each before returning home.
Mr Seamus Mannion, regional manager of community services with the health board, told the tribunal he was satisfied from an investigation carried out by the board that the claimant had provided alcohol for the young people in question and that he had consumed alcohol in the course of his employment and while driving a vehicle.
Mr Massey said in evidence he had no recollection of taking witness A out on September 16th. On December 19th he took out three young people in an effort to defuse tension in the house. He denied ever supplying alcohol to young people in his care and said he had on occasions advised and reprimanded his charges in relation to alcohol.