Specification Noel Supermarkets is a well-known chain of supermarkets operating throughout Ireland. Its flagship store in Smithfield: Tort Law Assignment, GC, Ireland

Specification Noel Supermarkets is a well-known chain of supermarkets operating throughout Ireland. Its flagship store in Smithfield has been open for 20 years and Gerry has worked there as a security guard since the store first opened. However, over the past year, Gerry has had several issues at work. In April 2022, in response to significantly increased overheads, the owner of the store, Noel, decided to reduce the number of security guards at the store. Previously, there had always been three security guards on duty at all times.

This ensured that at least two security guards were available to deal with any issues, even if the third security guard was on a break. Noel decided to reduce the number of security guards on duty to one guard at all times and to roster each guard for a six-hour shift. Gerry always got on well with the other security guards and was disappointed that he didn’t have anyone to chat with anymore. He complained about this to Noel but was told to “get on with it” and “you’re not here to chat”.

Gerry also asked Noel what he was supposed to do if he needed a toilet break during his shift, to which Noel replied: “you’ll just have to hold it—six hours isn’t that long”. In the months following the reduction in the number of security guards, Gerry noticed that there was an increase in shoplifting from the store as it was difficult for one guard to keep watch over the entire store by himself. In June 2022, Gerry complained to Noel that he was overworked and was constantly “on edge” as he wasn’t able to cover the entire store by himself. Noel shouted at Gerry in the middle of the store to “stop feeling sorry for yourself and get on with your work”.

Noel also shouted, “if you can’t hack it, then I’ll get someone else who can”. There were three cashiers working at the time and about ten customers in the store when Noel shouted at Gerry and all of them could clearly hear what was said. Gerry was humiliated by what had happened, but he didn’t make an issue of it as he didn’t want to lose his job. In August 2022, Gerry was on duty in the store when a youth named Barry ran into the store and tried to grab several bottles of cider. Gerry tried to apprehend Barry and a scuffle ensued during which Barry bit Gerry on the arm and broke the skin.

In response, Gerry hit Barry over the head with one of the bottles of cider, knocking him unconscious. Gerry then telephoned the guards, who arrived a short time later and arrested Barry. After suffering from severe abdominal pain for several months, Gerry went to see a doctor in November 2022. He was referred to a urologist, Professor Peters, who diagnosed Gerry with kidney stones and advised him that they are often caused by not drinking enough fluids. Gerry told Professor Peters that he wasn’t able to drink at work anymore as he wasn’t able to take a toilet break and Professor Peters replied: “That can’t have helped”. Professor Peters has advised Gerry that he will have to undergo a surgical procedure to have his kidney stones removed.

Honorable Society King’s Inns Barry was charged with attempted theft and assault following the incident in August 2022 but was acquitted in December 2022. At the trial, it was revealed that Barry is a heroin addict. Upon reading this in the paper, Gerry became immediately concerned about having been bitten by “someone like that” and Gerry is now convinced that he has been infected with HIV. Gerry’s doctor has repeatedly told him that there is only a slight chance that he could have been infected with HIV.

Gerry has also been tested for HIV several times and all of the tests have come back negative. Gerry has recently been diagnosed with anxiety and post-traumatic stress disorder and he has been unable to work as a result. His doctor has certified him as sick due to “work-related stress”. Advise Gerry of any claims he may have in Tort Law arising from the foregoing, whom he should sue, and any issues that might affect the success of any such claims.