Tom Hussey tribute and Pat Gorman case
Senator Kyne paid tribute to Tom Hussey and David Norris, then, after a brief interruption, read from a decision finding Mr. Pat Gorman’s dismissal unfair and thanked SIPTU’s Marie O’Connor for her support.
I join the tributes to former Senator, county councillor, Minister of State and TD, Mr. Tom Hussey from Galway. I did not know him personally but I know of him and of the positive reputation around his role in the county. I express my sympathies to his wife, Bridie, and his children, James, Thomas, Paul, Ciarán, Sinéad and Triona.
I also join the tributes to, unfortunately, the now former Senator David Norris, former father of the House, and his extraordinary role and positivity in his advocacy over a long career. I wish him well in his retirement. I also wish former Senator Niall Ó Donnghaile well in the next stages of his career.
I call for a debate on a matter pertaining to Inland Fisheries Ireland. I have raised the matter on numerous occasions in this House.
Before Christmas, the Workplace Relations Commission adjudicated on a case which is now on the public record - anything I say now is on the public record - of Pat Gorman, to whom I have spoken and who I know is the complainant. Inland Fisheries Ireland is the respondent. A case of unfair dismissal was taken. It was based on an anonymous letter that was received by the Department of the Environment, Climate and Communications. Four days later Mr. Gorman was met, personally, by the chief executive officer and by the director of operations of Inland Fisheries Ireland at the hatchery in Cong and suspended. The Workplace Relations Commission decision states:
That potentially any member of the public could secure the immediate suspension of a member of staff by writing an anonymous letter without providing any evidence is quite shocking ... In the circumstances I conclude that from the outset of this process the Complainant [that is, Mr. Gorman] was not being treated fairly or reasonably by the Respondent [that is Inland Fisheries Ireland].
It goes on to talk about the role of the chief executive officer, and again this is on the public record:
The Respondent's CEO [Mr. Francis O'Donnell] did not attend the hearing or give evidence. This has left large gaps in the Respondent's case.
As outlined above I do not have the CEO's account of why he suspended the Complainant. I can see no reason why this step was necessary. I am satisfied from the Complainant’s evidence and the evidence of Ms Campion and Ms Bradley [of Inland Fisheries Ireland] that the impact of the suspension on ... [Mr. Gorman], his family and their standing in the community were likely foreseeable to the ... [chief executive officer Mr. O'Donnell].
From the Respondent’s own investigative report, it is clear that the CEO [that is, Mr. Francis O'Donnell] sought to influence the investigation off the record. He explicitly asked to speak with the investigator privately. The investigator is to be commended for refusing to facilitate this and in recording the request in his report. I do not know whether the CEO’s attempt to influence the disciplinary process surreptitiously was an isolated event or not.
The CEO also took it upon himself to find and review the CCTV footage of the Complainant returning the tractor to the Cong Hatchery. Out of context this action [by the CEO] would just appear unusual, but alongside these other issues-----
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-----it does seem like the CEO was targeting the Complainant for some reason.
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The decision also states that:
Having regard to all of the evidence, I am not satisfied that this decision was arrived fairly or that it fell within the band of reasonableness...Having regard to all the circumstances I do not accept that a lesser sanction and the context surrounding the Complainant’s error were seriously considered by ... [Inland Fisheries Ireland]. The dismissal was unfair.
On behalf of Mr. Pat Gorman I thank Marie O'Connor of SIPTU for her diligence in bringing this case forward and going above and beyond to support Mr. Gorman in this very important matter. I also acknowledge the work of the Workplace Relations Commission.