TEAM Aer Lingus said yesterday that the dismissed shop steward, Mr Denis Smyth, refused to be managed and it was left with no alternative but to sack him.
TEAM managers were giving evidence before the Employment Appeals Tribunal, where Mr Smyth is claiming he was unfairly dismissed in 1995.
Mr Brennan, Mr Smyth's section manager, told the tribunal Mr Smyth was given a verbal warning after he attended a union meeting without permission. Mr Brennan said Mr Smyth rejected his authority to issue a verbal warning. According to Mr Brennan, Mr Smyth said: "You're acting for that shower of bastards". He meant the management, Mr Brennan added.
At first they took a soft line, Mr Brennan said, "because we wanted to get Denis into line". But "he became more difficult".
Mr Brennan told Mr Smyth if he did not comply with instructions, he would be sacked. "Let them f. . . ing sack me," Mr Smyth replied, according to Mr Brennan.
Counsel for Mr Smyth, Mr Frank Callanan, said there was no essential disagreement on what transpired that day, but his client was very upset over the "unfair" sacking of an apprentice.
Asked by counsel for TEAM, Mr Tom Mallon, what his view would be on the "reabsorption" of Mr Smyth into the company, Mr Brennan replied he would have a difficulty with the willingness of Mr Smyth to be managed.
Mr Smyth said: "It is not true that I am not prepared to take orders". He added: "It would not be an understatement to say that the level of my commitment to TEAM Aer Lingus is total."
Mr Mick McKenna, a workshop manager with the company, described how he came upon Mr Smyth reading a newspaper after his shift had started. When he reprimanded him, Mr McKenna said he was called "a f.. . ing bastard".
Mr Mallon said Mr Smyth had shown "utter contempt" for Mr Brennan and his superior, Mr Murphy, by sitting through a meeting flicking a magazine. At the end of the meeting, on December 23rd, Mr Smyth said: "Is that all? Happy Christmas."
Mr Smyth said his behaviour was out of character on that day because he was so upset about the sacking of the apprentice.
Mr Mallon said: "I suggest that it was totally in character and that you are unmanageable." Mr Mallon put it to Mr Smyth that he was now attempting to present a version of events that was untrue. "What do you say to that?" Mr Smyth: "What do you want me to say?"
Mr Tony Doyle, former general manager operations at TEAM Aer Lingus, gave evidence of hearing an appeal in 1995 against Mr Smyth's dismissal. Mr Frank O'Reilly, national convenor of Mr Smyth's union, the Technical Engineering and Electrical Union, spoke on Mr Smyth's behalf. Mr Doyle said they believed the meeting was a charade and heard no appeal being made. "I suggested they stop wasting my time," Mr Doyle said. "I saw no reason to alter he decision which had been taken (to dismiss Mr Smyth)."
Asked by Mr Mallon if he was aware of any policy in the Aer Lingus Group to undermine normal trade union activity, Mr Doyle replied: "No."
Mr Smyth said he has applied to three air companies for work since being dismissed but has not been successful.
The hearing continues today before the chairman, Mr Dermot McCarthy SC, when Mr O'Reilly of the TEEU will be questioned.