Courts / Dublin / Report
Senior Trinity manager sacked after sex assault plea loses unfair dismissal claim
Summary
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.
Who, what, where, when and why
What: Report matter: Senior Trinity manager sacked after sex assault plea loses unfair dismissal claim. Charges or matters: sexual assault… I am supposed to rely on 'it was on the low end of the scale'?" Ms Callaghan replied. Procedural stage: sentence
When:
- March 2021 Incident
- 24 March 2021 Hearing Or Sentence
- July 2021 Hearing Or Sentence
- August 2021 Incident
- December 2017 Incident
- 14 December Incident
- Christmas Incident
- 2023-03-21 Publication
Why: The complainant's line manager, Mr Clark, had said Mr Leahy "would probably not get a look in" if he was applying for the job with either a current or spent conviction because of the "sensitivity of the role". CNI source report
Case subjects
Applicant
Charges: sexual assault… I am supposed to rely on 'it was on the low end of the scale'?" Ms Callaghan replied (Admitted)
Plea: Guilty
Outcome: The tribunal heard that Mr Leahy's District Court conviction on 24 March 2021, which left him with a three-month suspended prison sentence and a €1,000 fine, was widely reported in the national media the same day – and was followed by a further allegation of sexual harassment against him to the college by a former employee, identified only as Ms X in proceedings. "The advice was that in pleading guilty it would be viewed well by the courts; it was considered at the lowest end, minor in nature. It was Mr Leahy himself who had left his employer in the position where the only information it had was the fact of his guilty plea to the District Court, which had convicted and sentenced him, and the fact that the Circuit Court had given him the Probation Act.
Applicant
Charges: sexual assault… I am supposed to rely on 'it was on the low end of the scale'?" Ms Callaghan replied (Alleged Or Contested)
Places mentioned
- Mr Leahy's District Court
- Dublin
- Dublin Circuit Criminal Court
- Supreme Court
Topics
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