An upper-level union representative discloses to a tribunal that the inclusion of Brendan Ogle’s name on an organisational chart would’ve spurred controversy. The trade unionist had previously registered a complaint alleging he was marginalised at work following his return from cancer treatment, suggesting that this inclusion could have been seen as implicating him in his responsibilities.
Tom Fitzgerald, representing Unite, gave evidence on Wednesday at the Workplace Relations Commission (WRC) for the final day of testimonies regarding a disability discrimination complaint under the Employment Equality Act 1998. The complaint was lodged by Mr Ogle against Unite, his employer.
In cross-examination, Mr Ogle’s barrister, Mary-Paula Guinness BL, contended that Mr Fitzgerald’s opinion on the precise role Mr Ogle was to resume post- cancer treatment contradicted the assertion of his former direct boss, Jackie Pollock, ex-Unite regional secretary for Ireland.
Mr Fitzgerald, who testified his main evidence on Tuesday, was elevated to a regional coordinating officer position at Unite’s Dublin office while Mr Ogle was on sick leave, an equivalent rank to the plaintiff, the WRC was informed.
Mr Ogle subsequently accused Mr Fitzgerald of trying to usurp his job, a charge vehemently refuted by the official in both related communications dating back to Spring 2023 and in yesterday’s evidence.
Mary-Paula Guinness, advocated by Peter Murphy of McInnes Dunne Murphy, stated that her client maintained that after considering a demotion to a less senior position in Unite’s Dundalk office during his recuperation from chemotherapy, in December 2021, Mr Ogle negated that option.
Former Ireland regional secretary Jackie Pollock, the superior to both Mr Fitzgerald and Mr Ogle, insisited he distinctly remembered Mr Ogle expressing the desire to reassume his full role during a re-onboarding meeting on July 22nd, 2022, the lawyer articulated.
Nonetheless, Mr Fitzgerald, when promoted in June 2022 confessed he “understood that Brendan was stepping into a regional officer role”, and would be relocating to Dundalk. However, “at a certain point”, Mr Pollock informed him “Brendan doesn’t intend to relocate to Dundalk”, pointing out the presence of travel-related problems.
In a statement he made, he revealed that he believed Mr Ogle was expected to continue his role as regional industrial officer, albeit stationed in Dublin, as per what he shared with the WRC. Fitzgerald stated that the core belief was that Brendan was transitioning out of his high-ranking position, alluding to public reports about stress. He professed that his interactions with Brendan focused on discussing his prospective roles and duties.
Fitzgerald claimed his mandate was to initiate conversation with Brendan, instructed by their shared supervisor, Mr Pollock. This was foundational in organising the ‘whiteboard meeting’ held in August 2022. Allegations were made by Mr Ogle that during this meeting, Fitzgerald told him that the trade union’s new general secretary, Sharon Graham, demanded a fresh approach for the Republic of Ireland, explicitly stating that Ogle was to play no part in it.
On Tuesday, Fitzgerald addressed this claim, stating Sharon Graham had not issued any such directives to him and he had not relayed such a message to Brendan. This was countered by Ms Guinness who stated that the scenario that Mr Ogle painted was accurate. She suspected this based on the plan, of whose existence Fitzgerald claims he told Ogle nothing, that was presented in December 2022. Mr Ogle’s name was noticeably absent from this plan.
Ms Guinness also referenced an email sent on July 13th, 2022 from Fitzgerald to Sharon Graham, titled ‘Re: ROI plan,’ wherein he mentioned ‘shaping a plan for the Republic of Ireland’. Upon questioning, Fitzgerald denied having been requested to create a plan by Graham. He claimed the discussions were, in fact, about obtaining additional resources and his efforts were aimed at aiding a regional plan.
Despite this, Ms Guinness suggested that Fitzgerald had in fact produced an organisational chart for the Republic of Ireland, which had been presented on December 20th, 2022. Noticeably, Ogle’s name was missing from this chart.
In a recent hearing, some controversy arose, touching on the matter of Brendan’s inclusion in a given context, which could have significantly influenced Mr Ogle’s responsibilities. Responding to a question on the topic, Mr Fitzgerald clarified that Mr Ogle was not included in the said plan, reiterating that the entire construct wasn’t a plan per se.
Ms Guinness further explored possible ambiguities by querying if the mentioned document was the one sent to Sharon Graham during the previous summer, under the context of the Irish initiative, to which Mr Fitzgerald confirmed it was not. Instead, he clarified that he had prepared an organisational blueprint instead of a specific plan. The document in question turned out to be the product of the aforementioned blueprint.
Testimonies were also presented from the union’s ex-chief of staff, Gail Cartmail, who had prior interactions with Mr Ogle and ex-Mandate general secretary John Douglas regarding the contentious issue. The account provided by Mr Ogle insinuated that he openly backed another contender during Sharon Graham’s campaign for Unite’s general secretary while Mr Fitzgerald displayed evident support for Ms Graham. He shared that, according to his observations, Ms Graham fostered loyalty within her team, showing notable support for backers and allowing them freedom in using her office and reputation for successful operations.
In response to Barra Faughnan BL’s query, who represented Unite alongside Mark Harty SC, supported by Karyn Harty and Tiernan Nix from Dentons Solicitors, Ms Cartmail denied making such statements earlier. She firmly denounced the notion of favouritism within the office and credited the general secretary, Sharon Graham, for being firmly against nepotism.
Upon retiring from Unite, Ms Cartmail testified about her own struggle with a severe and potentially deadly illness during her tenure. The presiding arbitrator requested that specific details not be published by the media. On returning to her role, she expressed appreciation for the assistance provided by the union.
Ms Cartmail conveyed her displeasure at the implication that she might have conspired against a fellow worker because of their cancer. Ms Guinness reassured her that no such accusation had been made.
The collection of testimony for this case is now completed and the proceedings have been postponed. The WRC has scheduled a further day, June 18th this year, for the presentation of closing statements.