A former shop steward with TEAM Aer Lingus was sacked because of his "sullen, resentful and unco-operative attitude" to management, a court was told yesterday. Mr Pat Hanratty SC, for the company, told the Circuit Civil Court that aircraft components engineer Mr Denis Smyth, of Melrose Avenue, Fairview, Dublin, was "ungovernable and unmanageable."
He said that Mr Smyth was a shop steward in 1994, when TEAM Aer Lingus had almost gone under at a time of serious industrial unrest.
Mr Hanratty, who appeared with Mr Tom Mallon, said there had been a general lay-off of staff after the company had got into severe financial difficulties and had been unable to maintain contracts.
The situation had been retrieved following the appointment of an examiner. After intensive negotiations both company and staff had agreed to leave past experiences of disruptive mass meetings in company time behind them and move forward.
He told Judge Liam Devally that in an attempt to rebuild the company into a viable entity and a major player in the world air maintenance market, staff had returned to work at the beginning of 1995 in a deal whereby all parties agreed to comply with procedures and agreements.
Mr Hanratty said that prior to the resumption of work one of the biggest bones of contention between the company and the unions had been mass meetings and the downing of tools in company time. This had led to serious disruption.
During 1995 there had been minor skirmishes between the company and Mr Smyth. Then in March 1996 another mass meeting had been called. Although only 73 workers attended, management had taken a very serious view of it and instigated disciplinary proceedings against them.
Virtually all of the workers had been dealt with satisfactorily through agreed procedures. Only one, Mr Smyth, had been dismissed, because he had refused to accept the application of agreed disciplinary procedures.
Mr Hanratty said Mr Smyth had taken his case to the Employment Appeals Tribunal, which held he had been unfairly dismissed and recommended his reinstatement.
He said the company was appealing on the grounds that the tribunal had erred in law, and also on the basis that reinstatement was impracticable because of Mr Smyth's previous history and his "sullen, resentful and unco-operative attitude" towards the company.
During his successful application to the Employment Appeals Tribunal, Mr Smyth claimed TEAM Aer Lingus had adopted a policy of subduing trade union activity. He also claimed he had been the subject of premeditated victimisation from management and had been targeted for dismissal.
The appeal is expected to last for several days.