Postmaster loses bid to reinstate contract

Tom Kelleher, who had been the postmaster in Newcastle West, Co Limerick, for 19 years, took the case in which he challenged the loss of his contract and a claim by An Post he should pay half of the €105,000 stolen by the gunmen.

On Jun 28, 2011, Mr Kelleher’s son Tommy, aged 27, was abducted and held at gunpoint. The kidnappers allegedly told staff if the money was not paid over by noon that day, or if gardaí were informed, Tommy Kelleher would be found dead in the boot of a car.

Staff handed over a bag containing €105,000 and, at around 4pm, the victim was found tied and gagged in the boot of his parents’ BMW.

Mr Justice Micheal Peart said he had enormous sympathy for Mr Kelleher and his family members and his staff “for the shock and trauma which, no doubt, they all suffered during and as a result of this kidnap.”

However, he said the court’s task was to consider whether Mr Kelleher “was afforded fair procedures in relation to the investigation which the kidnap triggered and in relation to the procedures which were adopted leading to the termination of the plaintiff’s contract with An Post.”

The judge dismissed the proceedings after finding the “evidence clearly points to the plaintiff having been afforded procedures that were fair in every respect.”

The court heard Mr Kelleher and his wife were on holiday in Spain at the time of the robbery. On the day after the raid, An Post began an investigation which included an audit.

The same day, the company suspended Mr Kelleher. It later accused him of been negligent in not informing staff about the Hostage Help Line in accordance with An Post’s security policy. An Post was also concerned staff handed over cash without contact being made with gardaí, An Post’s regional office, or Mr Kelleher.

The company told him they had decided to hold him liable for half of the cash stolen, and required him to pay the sum of €52,500 in accordance with the terms of his contract.

Mr Kelleher gave an assurance to the company if he was re-instated as postmaster he would ensure that all staff would be fully conversant with all security procedures.

The court also heard Mr Kelleher had taken €12,000 in cash from company funds before his departure to Spain. Mr Kelleher accepted this was foolish but said it was simply an advance on his wages for his holiday.

Mr Justice Peart noted the plaintiff “assured An Post that he would never do such a thing again”.

In Oct 2011, An Post wrote to Mr Kelleher stating it had decided to terminate his contract as postmaster with immediate effect.

Two people were arrested in connection with the kidnapping. The Garda investigation is continuing.

A spokesperson for An Post said the company never comments on legal matters.