Airport Security Demotion Reversed: Kissing Colleague Case – The Irish Times
Airport Supervisor Reinstated After Kissing incident: Was Demotion ”excessive”?
A former airport search supervisor, demoted for kissing a subordinate while on duty, has been recommended for reinstatement to his former position. The Workplace Relations Commission (WRC) adjudicator deemed the demotion “excessive,” raising questions about the proportionality of the employer’s response.The Incident and Disciplinary Action
The supervisor, with over five years of experience in the airport search unit, including two as supervisor, was suspended in September 2023 following an examination. The employer cited “gross misconduct” for kissing a colleague during active operational duties on two separate occasions.
Safety concerns: The employer emphasized the “safety-critical nature” of the breaches, the supervisor’s leadership role, and the need to maintain the integrity of security operations.They argued the kissing “had the potential to compromise both safety and the employer’s reputation.”
The Subordinate’s Role: The subordinate worker was operating an x-ray machine on one occasion and working in a “premium services area” under the supervisor’s direction on the other.
The Sanction: The supervisor was demoted from his €46,000-a-year position and given a final written warning. An internal appeal upheld the decision, stating the sanction was “consistent with those issued in comparable cases.”
the Worker’s Defense and the WRC Ruling
Represented by Joseph Ateb of the Siptu Workers’ Rights Center, the supervisor argued the demotion was “excessively harsh” and that his previous good employment record was not adequately considered.
The WRC adjudicator, Breiffni O’Neill, focused on the employer’s failure to consider option solutions, such as transferring the supervisor to another department.
Lack of Proportionality: O’Neill stated that the employer’s decision not to consider a transfer “calls into question the true extent of the safety concerns” and “undermines the credibility of the employer’s rationale and suggests a lack of proportionality.”
Unblemished Record: He further emphasized the worker’s “unblemished prior record” and his “acceptance of responsibility.”
Recommendation: O’Neill recommended the demotion be rescinded and the worker be reinstated as supervisor “with full restoration of duties and remuneration” within a week.
Implications and Considerations
This non-binding recommendation highlights the complexities of workplace relationships and the application of disciplinary measures. while the employer emphasized safety and reputational concerns, the WRC focused on the proportionality of the response and the employee’s prior record. The case raises important questions about how employers balance maintaining a safe and professional surroundings with fair treatment of employees. The fact that the final written warning had expired by the time the WRC heard the case further weakened the employer’s position, leaving the demotion as the sole point of contention.