The High Court has dismissed a challenge by a postmaster who claimed An Post unfairly terminated his contract four months after his son was kidnapped by armed "Tiger" raiders.
Tom Kelleher, who had been the postmaster in Newcastle West, Co Limerick, for 19 years, took the case in which he challenged the loss of his contract and a claim by An Post that he should pay half of the €105,000 stolen by the gunmen.
During the kidnapping on June 28th, 2011, Mr Kelleher’s son Tommy (27) was abducted and held at gunpoint. The kidnappers allegedly told staff that if the money was not paid over by noon that day or if gardaí were informed, Tommy would be found dead in the boot of a car.
Staff handed over a bag containing €105,000 and at about 4pm the victim was found tied and gagged in the boot of his parents’ BMW.
Mr Justice Micheal Peart said he had enormous sympathy for Mr Kelleher and his family members and staff "for the shock and trauma which no doubt they all suffered during and as a result of this kidnap".
But he said the court’s task was to consider whether Mr Kelleher “was afforded fair procedures in relation to the investigation which the kidnap triggered, and in relation to the procedures which were adopted leading to the termination of the plaintiff’s contract with An Post”.
He dismissed the proceedings after finding the “evidence clearly points to the plaintiff having been afforded procedures that were fair in every respect”.
The court heard Mr Kelleher and his wife were on holiday in Spain at the time of the robbery and flew home immediately. On the day after the raid, An Post began an investigation which included an audit.
The same day, the company suspended Mr Kelleher. It later accused him of having been negligent in not informing staff about the hostage helpline in accordance with An Post’s security policy.
An Post also said it was concerned that staff had handed over the cash without any contact being made with An Garda Síochána, An Post’s regional office or Mr Kelleher himself.
The judge said: “This was a major concern given that there would have been time to do so before a staff member left with the money.” The court heard the staff member left at 11.15am and gardaí were not informed until 3pm that day.
An Post told Mr Kelleher the failure to follow security policy greatly facilitated the theft of €105,000 and significantly reduced the chances of recovery and the arrest of the culprits, and may even have increased the risk to the applicant’s son who was taken hostage.
The company told him they had decided to hold him liable for half of the cash stolen, and required him to pay the sum of €52,500 in accordance with the terms of his contract.
Mr Kelleher gave an assurance to the company that if he was re-instated he would ensure all staff were fully conversant with all security procedures, including “Tiger” kidnap and raid situations.
The court also heard Mr Kelleher had taken €12,000 in cash from company funds before his trip to Spain. Mr Kelleher accepted this had been foolish but said it was an advance on his wages for his holiday.
'Honest man'
Mr Justice Peart noted the plaintiff asked An Post to accept “he is a scrupulously honest man, and he assured An Post that he would never do such a thing again”.
In October that year An Post wrote to Mr Kelleher stating it had decided to terminate the applicant’s contract as postmaster with immediate effect.
Two people were arrested in connection with the kidnapping. Gardaí said last night the investigation was ongoing.