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Restaurant recruit stole from staff on first day of new job


Kyle Swan (20) admitted theft on the first day of his new job

Kyle Swan (20) admitted theft on the first day of his new job

Kyle Swan (20) admitted theft on the first day of his new job

A restaurant employee stole a mobile phone from a co-worker's pocket while on his first day of a job trial.

Kyle Swan (20) had just been hired when he had an "uncontrollable desire" to steal the device, a court heard.

He was fired and arrested for theft after his boss caught him on CCTV.

Swan, of Drumalee Road, Dublin 7, pleaded guilty at Dublin District Court to theft. Judge Anthony Halpin adjourned the case for a community service suitability report.

The court heard that Swan started work at Supermac's, on O'Connell Street on March 9 last. He was hired on a trial basis and went to a staff area where he went through the pockets of workers' coats.

He found and took an Alcatel mobile phone worth €40. The next day, the manager saw CCTV of the theft and confronted Swan, who admitted taking the phone. He still had it on him and it was retrieved and returned to the owner.

"He stole it from one of his fellow workers, one of his colleagues," Judge Halpin said.

"What makes matters worse is that it happened on his first day in the job," Swan's lawyer said.


"It calls into question the selection procedure the company uses," Judge Halpin said.

"When he was in work, he saw the mobile phone in the jacket and he took it," Swan's lawyer added. "He completely accepts that it was a stupid move in relation to his future career going forward."

There was no indication Swan had intended to sell the phone on. He was subsequently fired because of the breach of trust involved.

Swan now had an apprenticeship lined up for another job.

Judge Halpin initially asked for Swan to be assessed for community service instead of a sentence but was told the Probation Service would need more time.

Swan's lawyer asked the judge if he would consider ordering a charity donation.

"This isn't an ordinary case," the judge said. "This is a case where an employee gets a job and is working with fellow employees, there is an obligation to fellow workers, there is an implicit requirement for trustworthiness and honesty in the contract of employment."

The judge said this was the reason he wanted the accused to carry out community service.

"He stole this because he had an uncontrollable desire, he wanted this particular phone."