Galway pub ordered to pay doorman €11,000 for unfair dismissal

One of the most popular pubs in Galway has been ordered to pay €11,000 in compensation to a doorman it dismissed unfairly.

Sean Joyce took his case to the Employment Appeals Tribunal after being fired in November 2012. He had worked for The Roisin Dubh Pub Limited, Dominick St, Galway for a year.

A company director told the tribunal sitting in Galway that he was contacted by the bar manager on October 29th, 2012 and informed of an incident that had occurred on the previous night involving Mr Joyce.

It was recorded in the incident report book following a complaint made by a customer. The female customer claimed that the doorman had used excessive force in removing her from the pub at approximately 2.45am.

The director said that he carried out an investigation and interviewed Mr Joyce, the manager on duty, bar and security staff and the woman who had made the complaint. He knew the customer as she had previously worked for him, but denied that she was a friend of his.

She showed him bruising to her arms which she said had been inflicted by the doorman as he removed her from the premises. Following his investigation, he was satisfied that Mr Joyce’s actions were completely inappropriate. He concluded that he had used excessive force and had brought the company into disrepute.

He met Mr Joyce on November 10th, 2012 and informed him he was dismissed on the grounds of gross misconduct. He did not offer him an opportunity to appeal the decision

Mr Joyce told the tribunal that he had approached the woman and her friend at 2.45am, requesting them to finish their drinks and to leave the premises. He gave evidence that she was intoxicated and was abusive towards him, using foul language.

In accordance with protocol, he moved away and let his colleagues deal with her. He returned some minutes later again requesting her to finish her drink and to leave the premises. He told the tribunal she started to push him away aggressively.

He then put his hands on her shoulders and walked her to the door. She was very aggressive and refused to leave the premises and he left and allowed his colleague deal with the situation. He reported the matter to his manager who dealt with the issue at the door area.

His version of events was supported by a colleague who told the tribunal that he believed that this was the correct course of action for Mr Joyce to take.

The tribunal said it was not satisfied that the investigation carried out by the pub company was sufficient. It also noted that that no avenue of appeal was offered to Mr Joyce.

“In those circumstances, the tribunal finds that the claimant was unfairly dismissed and awards compensation in the sum of €11,000 under the Unfair Dismissals Acts 1977 to 2007”, the tribunal report said.