A project worker at a west Dublin community drugs team was sacked after he posted a photo on Facebook of himself pointing a fake gun at a blindfolded person's head.
The Mountview/Blakestown/Hartstown/Huntstown Community Drugs Team Ltd, trading as Adapt, sacked project worker, John Brown after discovering the six-year-old photo on his Facebook page.
He was sacked for gross misconduct in April of last year.
However, Brown brought an unfair dismissal case against Adapt. The Employment Appeals Tribunal has now found he was unfairly dismissed and awarded him €3,230.
The tribunal stated that Mr Brown's dismissal "was disproportionate and unfair", but that Adapt "acted in good faith and with the best of motives, in dealing with this matter".
The tribunal pointed out that Mr Brown "made a serious error of judgement, which was unfortunate and tragic for him".
Mr Brown told the tribunal the photo was staged and taken from an amusement park in Thailand in 2008 where the gun used was fake and the ammunition he wore in a waist band was also fake.
He said that he visited Thailand with four members of the Travelling community who were in his care.
Mr Brown said that the purpose of the photo taken with a holiday colleague was only role play.
Mr Brown believed that it was appropriate to pose for the photo and compared it to dressing up in a Halloween costume.