Gardener claims he was singled out

Management at the Mount Congreve estate in Co Waterford operated a vendetta against a landscape gardener who was sacked in June, an employment appeals tribunal was told yesterday.

Mr Paul Keane, whose dismissal resulted in an industrial dispute which is continuing at the Kilmeaden estate, claims he was singled out for special treatment by management and was unfairly dismissed. A former colleague, Mr Michael O'Keeffe, told the tribunal it was obvious to him that Mr Keane was "being hounded and being treated unfairly".

He said that on one occasion, when he, Mr Keane and another colleague were reported by a manager for allegedly leaving their places of work early, only Mr Keane received a written warning as to his conduct.

"It certainly seemed very unfair. I felt if one received it then all three of us should have received it," said Mr O'Keeffe, who was employed at the 500-acre estate from August 1994 until February of this year.

Mr Keane claimed during the two-day hearing, which concluded yesterday, that the attitude of management towards him changed after he suffered an accident at work for which he was compensated in 1995. He also alleges management was "obsessed" about the fact that he and others joined SIPTU.

Management representatives, however, told the tribunal that Mr Keane was a poor time-keeper who frequently left his designated place of work without explanation. He was dismissed after his manager, Mr Randal Anderson, reported finding him lying under a tree.

Mr Keane said the tree in question was effectively his "canteen", where he had his tea breaks and kept his personal belongings. He had gone there to change the batteries in his radio and it had been necessary to sit down for a moment as the branches of the tree were only 2 ft high.

He said he had been having "a breather" on another occasion when the estate manager, Mr Patrick Coveney, found him sitting down at 9 a.m. while he and a colleague were supposed to have been spreading topsoil.

Mr John Lucey, for the estate, told the tribunal that in the event of a decision in Mr Keane's favour, reinstatement was the preferred remedy. Mr Keane is also seeking reinstatement.

Eleven SIPTU members have been on strike at the estate, as a result of Mr Keane's dismissal, since July 12th. The estate, with a full-time staff of about 65, is internationally-known for its 100 acres of gardens, reputed to include the biggest collection of plants in Europe.

It is owned by Mr Ambrose Congreve (92), whose family built Mount Congreve House nearly 300 years ago. He has no children and is the last of his line.

Under legal deeds drawn up in 1979, the house and gardens were transferred to the Mount Congreve Trust and the Commissioners of Public Works were added to the nominated trustees.

The tribunal reserved its decision.