Off licence worker sues employer over stress from robbery

An off licence worker who was attacked and threatened with a knife during a robbery has launched a High Court action against his employer over the incident.

Macartan Kelly, the High Court heard, was closing up The Goose off licence, Sion Hill Road, Drumcondra, Dublin, when he was pushed violently through the door and dragged to the till by two masked men. He was also threatened with a knife to his throat and shouted at to open the safe.

CCTV footage of the attack on a Holy Thursday, one of the busiest days in the off licence calendar, was shown to the court.

Mr Kelly said he had finished locking two manual shutters and before an electronic shutter came fully down on the front door, two robbers entered the off licence.

Mr Kelly has sued claiming he suffered post traumatic stress disorder as a result of the robbery.

The off licence owners have claimed Mr Kelly allegedly failed to follow proper procedure for closing the security shutters and allegedly stood outside smoking with the off licence door unlocked while closing the shuttering.

Macartan Kelly (aged 58) of Calderwood Road, Drumcondra, Dublin, has sued his employers Sion Hill Off Licence Ltd and Pilot Lounge Bars Ltd, both with offices at Sion Hill Road, Drumcondra, Dublin, as a result of the incident on April 17, 2014.

He has claimed there was an alleged failure to ensure he was trained in the correct procedure to be followed when closing the off-licence. He has further claimed there was an alleged failure to instruct him not to close up the premises without being accompanied by appropriate security personnel.

Mr Kelly has further alleged he was allowed to work and lock up on his own at night. The claims are denied and the off licence owners say the robbery was not caused by any wrong on their part.

Mr Kelly, they say, allegedly engaged in an unsafe practice when closing up the shop and they allege he took it upon himself to stand outside smoking with the off licence door unlocked while closing the shuttering.

It is further claimed Mr Kelly allegedly failed to have any or any adequate regard for his own safety.

In evidence Mr Kelly, who said he smokes 25 cigarettes a day said he lit up a cigarette before he pulled down the first manual shutter and locked it.

“I had a cigarette while doing the shutters,” he said and added that he went inside to the porch and he does not remember anything after that.

“I was grabbed as the shutters came down. That is all I remember,” he said.

When the CCTV footage was shown to the court, Mr Kelly said the robbers were shouting looking for the key to the safe.

‘I didn’t have it. There was a knife to my throat . He was threatening me,” he said.

The case before Mr Justice David Keane continues tomorrow.