An Irish Rail worker whose employment was terminated while he was in jail for crashing his car into a group of cyclists out training, resulting in life-changing injuries for two of them, has won his case for unfair dismissal and has been awarded compensation.
The man was jailed for four years for crashing into the cyclists while he was four times over the legal alcohol limit and was also uninsured. Now released from jail, he has taken a case for unfair dismissal to the Workplace Relations Commission. He has successfully challenged the fact Irish Rail terminated his employment because he was in prison serving his sentence and was unable to carry out his work for the company.
Muiris Flynn (32), Meadow Bank, Geevagh, Co Sligo, was initially jailed for four years in October 2019, with the final 2½ years suspended. He pleased guilty to dangerous driving causing serious bodily harm and was also banned from driving for eight years. On the morning of Sunday, September 24th, 2017, he crashed into a group of cyclists out training in Doon, north Roscommon.
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Two of the riders, both women, were struck by Flynn's car from behind and suffered very serious injuries. One of the cyclists was left with a broken pelvis and broken leg. The other injured rider suffered a broken back. One of them prayed at the scene as she believed she was about to die. The detail of their horrific ordeal on the day, and after the crash, was detailed in court when Flynn was sentenced in 2019.
Former Irish Rail electrician, Flynn, stopped at the scene of the crash and offered what help he could. Gardaí said he also admitted he had been drinking the previous night. He was arrested and an alcohol test showed he had 80mg of alcohol per 100mls of breath.
The DPP later appealed the leniency of the four-year sentence - which was effectively 18 months as 2½ years were suspended. By the time that appeal was concluded Flynn had been released from jail. The Court of Criminal Appel upheld the custodial portion of his sentence, declining to increase it. But it ruled Flynn should pay a fine of €20,000, which was effectively an extra part of his sentence.
His employment at Irish Rail was terminated about four months into his prison term. But now Flynn has won €4,000 in compensation for being fired, as the Workplace Relations Commission has upheld his complaint he was unfairly dismissed.
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On the basis he was in prison, Irish Rail contended Flynn's employment had been "frustrated". In his context "frustrated" is a legal term meaning the circumstances made it impossible for Flynn to fulfill his employment contract and so that contract was effectively over.
Irish Rail also told the Workplace Relations Commission it had been legally advised not to begin a disciplinary process before termination because Flynn was in jail. Instead, Irish Rail wrote to Flynn on March 8th, 2020, while he was about four months into his sentence, informing him his employment was being terminated on March 25th.
Workplace Relations Commission adjudicating officer Brian Dolan, in a written decision on the case published today, stated Irish Rail had waited for four months - from the time the prison sentence began - before deciding Flynn's employment was "frustrated". It then gave him a notice period from the date of employment termination.
Mr Dolan added Irish Rail was effectively arguing Flynn's employment was already terminated by the fact he had gone to jail yet four months into the sentence they gave him notice. This was "contradictory" because if Flynn's employment had already been terminated by his imprisonment, it was unclear why Irish Rail was giving him notice four months later.
Mr Dolan said if employment was being terminated on the grounds of "frustration", an employer was obliged to consult with the employee about the nature of their job, how long they would be away from it and also discuss finding a replacement for that period.
Mr Dolan's ruling added Flynn - who continued to work for Irish Rail in the period between the 2017 crash and being jailed in 2019 - had gone to his employer well in advance of being jailed. He told Irish Rail it was likely he would have to spend time in prison. When he was jailed, he also informed the company of the sentence.
Mr Dolan said Flynn's case to the Workplace Relations Commission was that Irish Rail made no effort to contact him about the issues it should have discussed with him. Mr Dolan's decision on the case added Irish Rail's activities continued while Flynn was in jail. And while his absence from his job was a "hardship and an inconvenience” for Irish Rail it did "not result in a requirement" for his employment to be terminated.
The Workplace Relations Commission ruled Irish Rail had not shown Flynn’s contract ended on the grounds of "frustration". As a result, it upheld Flynn's complaint he had been unfairly dismissed and awarded him €4,000.
