Insights

Unfair Dismissal Claim Rejected Over Serious Data Breach

Date: August 2025
Case Type: Unfair Dismissal – Claim Dismissed
Award: None – dismissal upheld
Sector: Civil Service / Public Sector
Topic: Unauthorised Access, Fair Procedures, Security Breach

Overview

A Department of Foreign Affairs (DFA) porter has lost his unfair dismissal case after being sacked for serious misconduct involving sustained unauthorised access to the passport database, which contains the personal data of over seven million Irish citizens.

The Workplace Relations Commission (WRC) found that the dismissal was fair and that the department had reasonable grounds for the action taken, citing loss of trust and the gravity of the breach.

Background of the Case

Employee: Declan Cosgrave, deputy head service officer
Tenure: 37 years’ public service (21 in the Army, 16 with DFA)
Allegation: Sustained, unauthorised access to the Automated Passport System (APS) using credentials not assigned to him
Discovery: Linked logins to a CCTV room desktop and unauthorised computer found in the basement of the Passport Office
Outcome: Dismissed in September 2023
Claim: Unfair Dismissal under the Unfair Dismissals Act 1977

Key WRC Findings

Serious misconduct was established, including accessing the secure APS database using another employee’s credentials
The WRC accepted that fair procedures were followed throughout the investigation and disciplinary process
Dismissal was within the range of reasonable responses available to the employer
While other employees involved received lesser sanctions (e.g., a final written warning), the WRC found differentiated treatment was justified due to the nature and scope of Mr Cosgrave’s access and the loss of trust in his position
The complaint of unfair dismissal was rejected

Implications for Employers

This case serves as a significant reminder of the importance of:

Enforcing IT and security protocols, especially in data-sensitive roles
Clearly communicating and documenting internal policies, even in non-desk-based roles
Applying consistent but proportionate disciplinary action, and being able to justify differences where multiple employees are involved
Ensuring thorough and fair investigation procedures, particularly where termination is being considered

Bloom Consultancy Guidance

At Bloom Consultancy, we advise employers across public and private sectors on:

Internal investigations & conducting fair disciplinary processes
Data protection compliance and staff access protocols
Managing sensitive dismissals with trust and reputational risks in mind
Training managers on IT security policies and HR documentation best practices

This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.