Store detectives fired for using too much force awarded €70k

Two store detectives who were fired for allegedly using too much force in two arrests have been awarded over €70,000 in total for unfair dismissal.

Peter Lewental, of Westbourne Avenue, Clondalkin, Dublin, and John Kinsella, of Pass of Kilbride, Miltownpass, Co Westmeath, were accused by their employer, Securitas Security Services, Clonee, Dublin of “an aggressive and violent arrest” in one of the incidents.

The company also alleged both had failed to report and “escalate” the incidents to the company as required.

The men had both been employed by Securitas for six years and were working for a major client at a store in Dublin city centre in February and May, 2012, when the incidents occurred.

They were later called to a disciplinary meeting. Both men received letters within days of the meeting informing them they were being dismissed for gross misconduct as outlined in the company handbook. The decision was upheld on appeal.

The pair brought their case alleging unfair dismissal to the Employment Appeals Tribunal.

The tribunal, in its report, said it had viewed CCTV footage of both incidents and Securitas management felt fair procedures had been used in its investigations into the incidents. The firm concluded it had no alternative sanction to dismissal in both cases.

Both men gave evidence that they had followed procedures laid down in the handbook and only became aware there was a problem when they received letters from management in May 2012.

They believed that no excessive force had been used in either incident and were “shocked” when they were dismissed. Both told the hearing they felt they had acted in a “very professional manner” and had done nothing wrong.

The tribunal found that there had been “an absolute breach of procedures” by the company. It was satisfied that both men had carried out their duties in the only manner they understood.

The report added: “There was a proper detention of the person on each date in question and a reasonable use of force was used in both incidents”.

The tribunal found that both men had been unfairly dismissed and awarded Mr Lewental €54,610 and Mr Kinsella €15,959.