Worker who lost finance job after being jailed for impersonating a garda takes case for unfair dismissal

Darragh Mc Donagh

A financial services worker whose employment was terminated after he was sentenced to more than two years in prison for deception and impersonating a garda has taken a case for unfair dismissal.

Orville Farrell was working as a custody client servicing associate with State Street when he was convicted of the offences before Waterford Circuit Court and commenced a prison sentence in January 2024.

The company had not been informed that he was facing criminal charges, and was initially unaware of the reason that he was absent from work.

Around January 15th, an employee relations consultant at State Street received a call informing her that Farrell had been admitted to a psychiatric institute and would likely be an inpatient for some time.

The caller refused to identify herself or the name of the psychiatric facility, citing confidentiality, but provided an email address from which further updates would be provided.

A few days later, an email was received from this address confirming that, in fact, Farrell had received a custodial sentence and was in prison.

Ciara Lawlor, head of employee relations for State Street, told an adjudication hearing of the Workplace Relations Commission (WRC) on Monday that Mr Farrell’s sudden absence had made it difficult to manage workloads.

She said the company had learned about his incarceration from newspaper articles, and made extensive efforts to engage with him, repeatedly extending deadlines for submissions regarding the future of his employment.

Barrister Maurice Osborne, representing State Street, said it was the company’s position that there had been no dismissal and that Mr Farrell’s contract had instead been terminated on the grounds of frustration.

This occurs when an unforeseen event not caused by either party makes the performance of a contract impossible or radically different from what was originally agreed.

However, Mr Farrell argued that the company had failed to consider holding his position open for him pending release, or implementing temporary measures until he could return to work.

He told the WRC that there was an obligation to explore reasonable alternatives before concluding that a contract had been frustrated, and therefore claimed that he had been unfairly dismissed.

Osborne said there had been no realistic prospect of Farrell returning to work within a reasonable period of time, despite his “contact person” incorrectly claiming that he would be released after 10 months.

He said Mr Farrell should have informed his employer about the trial “as a matter of common courtesy”. Instead, he initially told his line manager that he was sick, and then the company was told he was in a psychiatric facility.

Osborne said State Street had gone “above and beyond” to engage with Mr Farrell, affording him multiple opportunities to make submissions up to April 2024.

Farrell argued that frustration of contract required “impossibility, not inconvenience”, and claimed his employer had failed to investigate the possibility of his employment continuing if he were moved to an open prison.

The WRC also heard that Mr Farrell had since applied for a new job with State Street, but the company felt it was not appropriate to consider the application as it does not employ anyone with a criminal record.

State Street Custodial Services Ireland Limited is the Irish branch of the US financial services giant, managing assets worth around €1.7 trillion domiciled in Ireland – roughly one-third of the entire funds sector.

Mr Farrell was sentenced to three years in prison for impersonating a garda in January 2024, which was reduced by nine months. He received a concurrent two-year sentence for deception, which was reduced by six months with the final portion suspended for six months.

The hearing concluded and adjudication officer Seamus Clinton is expected to issue a decision on the unfair dismissal complaint in the coming weeks.