TWO FORMER Bank of Ireland employees, who were sacked for allegedly sending “pornographic” images through the company’s e-mail, have taken a case of unfair dismissal against the bank to the Employment Appeals Tribunal.
Sarah Rooney (25), Ballybrack, Co Dublin, and Sarah Murray (25), Glasthule, Co Dublin, were junior staff at the Bank of Ireland subsidiary ICS Building Society when they were fired in 2009.
Tom Mallon for Bank of Ireland said the two had circulated “extreme and revolting pornography” within and outside the bank and were guilty of “multiple breaches” of policy and gross misconduct.
However, Kevin D’Arcy, for the claimants, said the e-mails were intended as “jocular” and he said people often congregated around monitors to view the images.
Mr D’Arcy put it to the tribunal that his clients were victims of a “culling of staff” at the bank , especially female junior employees, and the circulation of these type of mails was endemic and well-known within the bank.
Larry O’Gara of the bank’s human resources department said the case arose after the bank checked the e-mail account of another member of staff as part of an investigation into a separate matter.
He said this mailbox exposed “highly inappropriate” material being sent and received by members of staff.
Mr O’Gara brought this to the attention of a superior and a wider inquiry was launched.
This investigation led to 33 inboxes from 37 staff being checked (four of the inboxes were not checked as the staff involved had either resigned, taken a career break or moved on within the organisation).
He said if an employee was found to have received one of the e-mails but then deleted it, no disciplinary action was taken.
As a result, the bank took disciplinary action against 10 staff members – five of whom were dismissed, including the two claimants, and five who were subject to lesser sanctions.
Mr O’Gara said employees were “fully aware” of the e-mail policy in place at the bank.
From a HR point of view, it was a “no-no” to circulate this type of material, especially to other institutions.
Among the images shown to the tribunal were two with the heading “Men in Training”, one showing a naked child urinating against a wall in a house while in the other a naked toddler pulled his mother’s nipple as she sunbathed topless on the beach.
Mr O’Gara described the images as “indecent, obscene pornography” and “certainly not related to the job” and he had “no doubt” the correct disciplinary action had been arrived at in both the claimants’ cases.
Mr D’Arcy questioned why of the people involved the 10 disciplined were all junior staff and all but one female.
He said Ms Rooney’s inbox contained e-mails of a similar nature sent to her from more senior members of staff.
One, entitled “Gary Glitter pops out for a Chinese”, showed a child in a plastic bag and he questioned why the team leader who sent this was not disciplined by the bank.
Mr O’Gara said he was shocked by the image and admitted that either the investigating team did not see them or a decision was made not to take any action.
Mr Mallon put it to the tribunal that maybe these images were “equally disturbing” but it did not take away from the fact that the claimants had acted inappropriately.
He said: “If we didn’t fire enough people, maybe not, but I’m not interested [in others].
“If it is endemic, we will sort it out,” he added.
The case was adjourned until July 21st, when it is expected to run for three or four days.
