Lifeguard fired after throwing unwilling boy into deep end

A local authority fired a lifeguard after he lifted up an eight-year-old boy, spun him in the air, and threw him into the deep end of a swimming pool. Other children were swimming at the time.

The lifeguard brought an action for unfair dismissal and the Workplace Relations Commission (WRC) has now dismissed his claim. The incident occurred on February 3, 2016, during a primary school coaching session, and was captured on CCTV. A report by a Council-appointed independent investigator states that the footage shows the boy — who is able to swim — resisting and kicking out, before being thrown into the deep end.

The report states that the lifeguard lifts the boy “and the boy is seen kicking as he lifts him. He then lifts the boy up in the air and throws him into the pool backwards. The boy lands in the pool, quite a distance away.”

Dismissing the lifeguard’s claim for unfair dismissal, WRC adjudication officer Seán Reilly said that it is difficult to understand how anyone could have considered what occurred “to be other than extremely irresponsible, potentially dangerous, and totally inappropriate behaviour; no reasonable person could consider otherwise”.

He said: “The behaviour is actually made much worse by the fact that it occurred in a swimming pool, where, because of the inherent safety risks, safety, and safe behaviour, is paramount. Even worse again, it involved children in a swimming pool, where the safety risks are even greater and the duty of care towards the children is much greater.

“In addition, it involved forcing a child against his will, and in the face of his resistance and struggling against, to do something he plainly did not wish to do.”

The lifeguard was suspended on full pay by the council-owned leisure centre, pending an investigation, and, in response to the suspension letter, the lifeguard said: “I know it is my fault. I am sorry.”

Twelve days after the incident, the chairperson of the leisure centre met with the parents of the boy, and the principal of the school the boy attended.

Mr Reilly’s report on the claim records that the parents and principal “were extremely unhappy that the incident had occurred and were fearful that it could possibly happen again”.

The report states: “The boy’s father believed that any adult should understand instinctively that throwing a small boy into deep water was not a correct way to behave.”

The independent investigator appointed by the leisure centre concluded that the lifeguard’s actions constituted gross misconduct.

The report concluded that the lifeguard failed in his duty of care; that he put children at risk of physical injury; put the particular child at risk of psychological damage; breached best practice, in relation to child protection, and placed the board of the the leisure centre at risk of being vicariously liable for his action.

As a result, the lifeguard was dismissed by letter, on May 11, but appealed the decision and the appeal was heard by the Council Director of Service responsible for all swimming pools in the county. The lifeguard was dismissed after appeal, last July.

The lifeguard submitted that the decision to dismiss him was excessive and disproportionate and that it was not justified by the facts and circumstances, and did not take into account his previous, unblemished, and excellent record within the employment.