THERE WAS no connection between an employee making a whistleblowing complaint and his later dismissal, the Employment Appeals Tribunal heard yesterday.
Former AIB Capital Markets employee Brian Purcell from Dublin has taken an unfair dismissals case against the bank.
Mr Purcell has claimed that he was dismissed after he revealed information through a whistleblowers’ charter about irregularities in accounting systems.
AIB group general manager of regulatory and operational risk Philip Brennan yesterday said that he received the “speak-up” complaint in a letter from Mr Purcell in February 2008.
In the letter Mr Purcell said he was “most concerned” about the issue relating to unreconciled debits and credits. The complaint was made against a manager.
The letter was copied to the bank’s chief executive and came a few days before the bank’s financial results were announced. Mr Brennan was concerned that the complaint may have had significance for the results.
Mr Brennan met Mr Purcell and the financial controller within hours of receiving the complaint.
He discovered the issue was not likely to exceed €100,000 which he described as “a relief” in the context of the bank’s results.
An investigation into the complaint found the particular accounting process “lacked transparency” in some respects, was confusing and inappropriate, Mr Brennan said in an e-mail to Mr Purcell in April 2008.
However, the accounting practice was not used for “improper purposes” and the alleged person “did not benefit”, the e-mail said.
Mr Purcell’s suspension by the bank in April 2008 was “of interest and concern” to Mr Brennan because the “integrity of the speak-up policy was critical”, he said.
Mr Purcell was suspended and later dismissed by the bank after it was discovered that he accessed the accounts of colleagues to see if they had received a bonus, the tribunal heard yesterday.
A bonus was not paid to Mr Purcell in March 2008.
When Mr Brennan discussed the suspension with human resources it was clear “that it was a matter which was totally unconnected”, he said.
Mr Brennan said he had also been concerned that Mr Purcell did not get the bonus as it could be an issue “if he was victimised”.
However, the sequence of dates showed that the decision not to award a bonus was in advance of Mr Purcell speaking out, he said.
The complaint was not anonymous but Mr Purcell had asked that the manager concerned should not be aware that he raised the issue, Mr Brennan said.
Within three or four days some 12 other people knew who made the speak-up complaint , tribunal chairwoman Penelope McGrath clarified.
Earlier yesterday head of corporate operations at AIB Capital Markets Michael Foley gave evidence that Mr Purcell’s relationship with his line-manager was “so fractious” that they could not sit in the same room without someone else being present.
The hearing continues today.
