2023-03-21 · Dublin
Senior Trinity manager sacked after sex assault plea loses unfair dismissal claim
A senior Trinity College manager, Brendan Leahy, who was sacked after pleading guilty to sexual assault, has been informed by the Workplace Relations Commission that the Probation Act does not provide employment protection. Leahy's dismissal was upheld by the employment tribunal, which rejected his claim under the Unfair Dismissals Act 1977. The tribunal heard that Leahy's District Court conviction on 24 March 2021, which resulted in a three-month suspended prison sentence and a €1,000 fine, was widely reported in the media. This was followed by a further allegation of sexual harassment against him by a former employee, identified as Ms X. Leahy admitted to the sexual assault charge and was given the Probation Act in July 2021. However, the tribunal found that his failure to inform his employer of the charge before the hearing left the college with only the information of his guilty plea and the Probation Act. The tribunal ruled that Trinity College was entitled to consider the sequence of events as serious misconduct and upheld the finding of sexual harassment in respect of the second allegation. The matter was adjourned and never described as concluded or finalised.