Tuesday 24 April 2018

Security guard was wrongly sacked over hotel guest sex video

The Citywest Hotel, Saggart
The Citywest Hotel, Saggart

Gordon Deegan

The CityWest hotel in Dublin has been found to have unfairly dismissed a security guard who permitted a female guest to view a sex tape of herself and a man on the hotel premises.

In the case, the Labour Court found the decision by CityWest to dismiss Nicholas Reddin was procedurally unfair and awarded Mr Reddin €6,000.

However, the Labour Court found Mr Reddin was 80pc responsible for his own dismissal.

The decision by the Labour Court overturns an earlier ruling by an Adjudication Officer at the Workplace Relations Commission (WRC) who found Mr Reddin's dismissal was fair.

No parties were named in the WRC report but as Mr Reddin appealed the parties are named.

In the case, a colleague on October 31, 2015, alerted Mr Reddin to hotel CCTV footage showing two hotel guests engaging in a sexual act, but not intercourse, on a hotel corridor from the previous night.

The following night in the hotel bar, Mr Reddin made the female guest aware of what he had seen on the CCTV footage.

Mr Reddin offered to show the woman the footage and she and a friend went to view it at the hotel security base.

The woman subsequently made a complaint to the hotel over Mr Reddin's conduct and claimed he had subjected herself and her friend to offensive and inappropriate language.

Mr Reddin told the hearing he didn't engage in any offensive behaviour towards her.

As a result of the woman's complaint, CityWest launched disciplinary proceedings.

He was dismissed on December 10, 2015, for displaying inappropriate and offensive behaviour towards a hotel guest, and disregard for hotel procedure by allowing guests to enter the security base and view CCTV footage.

Mr Reddin told the court he showed the footage to the woman as she asked to view it and he was worried for her.

The hotel stated that if Mr Reddin had considered the footage to be an assault, he was obliged to report that to the security manager, HR and gardaí.

Mr Reddin's colleague who played the footage for the two female guests was also subject to disciplinary process.

The Labour Court found that a senior CityWest employee conducted the two disciplinary processes of each men and as she failed to share the account of the other security man with Mr Reddin, it was a failing of the disciplinary process.

The court found the dismissal of Mr Reddin was "procedurally unfair".

Irish Independent

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