THE FOUNDER and chief executive of aid agency Goal has secured an interim High Court order restraining any steps by the agency to suspend him or deal with his employment after alleging there was “concerted action” to remove him.
John O’Shea rejected as “false and concocted” complaints by some Goal staff against him, including objections to behaviour resulting in a culture of “institutionalised bullying”, the court heard.
There appeared to be a “personality clash” between Goal chairman Pat O’Mahony and Mr O’Shea, who had been told not to attend a board meeting of the agency last week where a vote to suspend him was defeated by six votes to five, Ms Justice Mary Laffoy was told.
Mr O’Shea, who set up Goal 35 years ago, feared an effort to suspend him might be made at another meeting of the board fixed for 5pm yesterday, Paul McGarry SC, for Mr O’Shea, said.
It was his view there was “concerted action” to remove him.
Ms Justice Laffoy said she was satisfied to grant an interim order, returnable to Friday, restraining the taking of any steps at that meeting to deal with Mr O’Shea’s position.
Mr O’Shea had raised a serious issue and the balance of convenience was in favour of granting the interim order, she said.
As this was an ex parte (one side only represented) application made with no preliminary warning letter having been sent by Mr O’Shea’s side, the judge said she would also give the defendant, Goal, liberty to apply on notice to vary or discharge the order.
Mr McGarry said no preliminary letter was sent because Mr O’Shea only contacted lawyers on Monday after he had contacted some board members who told him they could not provide assurances to him and where he had scant information as to what was to happen at the board meeting.
Mr O’Shea just wanted “some breathing space” in circumstances where he feared the board meeting would repeat the effort to suspend his employment, Mr McGarry added.
Earlier, he said Mr O’Shea was told last week not to attend a meeting. There was confusion over whether this was a board meeting. Mr O’Shea, who normally attended board meetings, later learned the chairman had raised a vote to suspend him, which was defeated.
This appeared to arise in circumstances where complaints by some staff members were put to Mr O’Shea last week and where a disciplinary inquiry was in place which, his side contended, was not properly established, Mr McGarry said.
There was a letter of complaint by some managers of Goal in relation to Mr O’Shea’s general conduct, and allegations were also made of a culture of “institutionalised bullying”.
A barrister, Hugh O’Flaherty, had been deputed to set up a disciplinary subcommittee.
No written particularised allegations had been put to Mr O’Shea and two particular complaints referred to were false, untrue and not fresh but “concocted” by senior staff, Mr McGarry added.
Mr O’Shea had been involved with Goal for the last 35 years, he had no recollection of signing a formal contract of employment and was in open-ended employment. Mr O’Mahony was appointed chairman early this year and Mr O’Shea was told he would have a less involved role in the organisation.
Mr O’Shea was seeking a declaration, in the absence of any findings of gross misconduct against him, that there was an implied term that his employment should not be unreasonably terminated. Mr O’Shea also alleged an agenda was being pursued against him.
Mr O’Shea had initiated the court action because he felt huge distress, stress and anxiety, and this was all occurring with no regard to fair procedures, Mr McGarry said.
Single goal a long career of fundraising
JOHN O’SHEA founded Goal in 1977. The former sports journalist, who had worked with the Irish Press Group for 24 years, has been outspoken against corruption and human rights abuses in the developing world.
In addition to raising funds, he has been lobbying donor governments to demand fiscal transparency and human rights from recipient countries.
Since its inception 35 years ago, Goal says it has spent in excess of $1 billion responding to humanitarian disasters and has aid workers – known as Goalies – in places such as Sierra Leone, Haiti and Malawi.
In 2010, Goal worker Sharon Commins, who had been kidnapped in Sudan, was critical of the organisation.
Ms Commins, who spent 107 days in captivity, said some organisations, including Goal, had moved into remote parts of Sudan to avail of donor funds as other agencies withdrew.
“Lots of money was being made by endangering frontline staff when more responsible agencies held back,” she said.
Seven people resigned from the Goal board last year, including successive chairmen Ken Fogarty and Jerry Sheehan and director and former FAI chief executive Fran Rooney. The current board is chaired by former Irish Medicines Board chairman Pat O’Mahony.
The other board members are James Casey, Clíona Hartigan, Hugh O'Flaherty, Tom Reddy, David Ringrose, Vincent Hogan, Greg Curry, Tim Dalton, Brian MacMahon and PJ Cunningham. JOANNE HUNT
