A swimming-pool lifeguard who colleagues claimed was found sleeping on the job several times has won a case for unfair dismissal.
Charlotte Cassey, who worked at the pool in the University of Limerick, was awarded €7,000 by the Employment Appeals Tribunal. It found that her employer, Plassey Campus Arena Ltd, had not afforded her fair procedures before her dismissal in April 2003.
However, it also found that Ms Cassey, of Richmond Court, Dock Road, Limerick, had contributed by her behaviour to her dismissal.
A number of colleagues told the tribunal they had found Ms Cassey asleep on duty on different occasions. She had also turned up for work a number of times smelling of alcohol, they said.
One witness, a lifeguard at the pool for 18 months, said he had shared a shift with Ms Cassey many times.
One day in late January 2003 he had seen her asleep and gone to his supervisor, who woke her. Ms Cassey said she had been at a party until 4am and fell asleep again later that day. Two weeks later, the witness said, he found her asleep again.
The pool was 50 metres by 25 metres. In the mornings, when only two lifeguards were on duty, he would have "a lot of water to cover" if Ms Cassey was not performing her duties.
Another lifeguard with 18 months' service at the pool said he had seen Ms Cassey asleep once when they were covering the 7am to 3pm shift.
On a day in late March 2003 there was a smell of drink from the claimant, who said she was "totally f****d" from the night before. She had left the pool more than once to get sick on that occasion, he claimed.
A pool supervisor told the tribunal that she thought Ms Cassey was asleep once and she had also got a smell of alcohol from her.
She said that on one occasion a woman in the pool had had an epileptic fit. A lifeguard at the other end of the pool had seen this, but Ms Cassey had not.
Another supervisor gave evidence that Ms Cassey's mind was never on her job, that she did not monitor the pool well and that she arrived at work smelling of alcohol, mainly for the morning shift but occasionally at 3pm.
A head lifeguard told the tribunal of a number of incidents in which he claimed Ms Cassey was slow to react. After she had been asleep about six times he had written a letter to management because he was "fed up covering for her".
A duty manager gave evidence that he was told Ms Cassey was asleep one day. He shouted to her: "Head up!" Later that day, he had to shout the same thing to her again.
Ms Cassey's employer said she was dismissed on the grounds that the pool was a dangerous area and they could not gamble with people's safety.
The tribunal, however, said the company had insufficient grievance and disciplinary procedures, and Ms Cassey had not been advised of her right to representation or appeal.
In another decision yesterday, the tribunal awarded €10,500 to a former priest who was dismissed as a car-park attendant after a garda informed him of an allegation against him which dated back to 1987.
Joseph Seery, Ennis, Co Clare, said he had established that the allegation, relating to his time as a priest, was "a load of codswallop". However, his employment had ceased after he told his employer about the situation.
