THE Wexford Council of Trade Unions was concerned that it was being used to promote the career of a local Democratic Left councillor, Mr Michael Enright, the High Court was told yesterday.
Mr Justice Barron granted leave to the council to challenge the decision of the Employment Appeals Tribunal in relation to the dismissal of a former employee who, it was claimed, had strong connections with Democratic Left.
The council, which is seeking an order quashing the decision of the tribunal on August 20th last, told the court that former Democratic Left TD, Mr Pat McCartan, was chairman of the tribunal which heard the woman's case and that he had refused its request to discharge himself from the hearing because of an apprehension of bias.
The tribunal upheld the decision of a rights commissioner that the woman had been unfairly dismissed.
The council had claimed that Ms Marian Malone, a former coordinator of the Wexford Centre for the Unemployed in North Main Street, Wexford, was becoming too close to the local Democratic Left councillor, Mr Enright, and this was a matter of extreme concern for the council.
The judge was told by Mr Richard Kean, counsel for Wexford Council of Trade Unions, that Ms Malone, of Tara Ville, Avondale Drive, Wexford, had been dismissed in 1995 because of her party political line of support for Mr Enright who had been a member of the trade unions council. The council was concerned that it was being used to promote his career.
Ms Noirin Kirwan, solicitor for the council, in an affidavit, said the council regarded the dismissal of Ms Malone as reasonable and fair. The council claimed there was a number of reasons for her dismissal, including refusal to recognise and attend management meetings, her involvement in issuing public statements to the media without authorisation, unauthorised use of FAS funds, taking leave without sanction, refusal to carry out management committee policy, failing to fully account for monies received and to provide financial accounts, problems with staff members, abusive and insulting behaviour to the chairman and placing tee centre in legal jeopardy by continuing to handle unfair dismissal cases.
In an affidavit Mr Francis Bolger, chairman of Wexford Council of Trade Unions, said Ms Malone had been dismissed as a result of a long series of conflicts within the council and the centre for the unemployed.
Mr Bolger said Mr Enright, who was a member of Wexford Corporation and a member of the national executive of Democratic Left, had taken an active interest in Ms Malone's case.
The council was extremely concerned when Mr McCartan arrived in Wexford last August to chair the Employment Appeals Tribunal. Mr Bolger said it feared that bias might occur.
Lawyers for the council objected to Mr McCartan chairing the tribunal. After considering the matter, Mr McCartan ruled together with the other members of the tribunal that he would be capable of dealing with the matter. The council then withdrew from the proceedings.