Tom Fitzgerald was testifying to the Workplace Relations Commission on Wednesday
Brendan Ogle claims he was discriminated against in breach of the Employment Equality Act. File photograph: Eric Luke / The Irish TimesA senior Unite officer has told a tribunal it would have been “controversial” to include Brendan Ogle’s name in an organisational chart after the trade unionist lodged a grievance about being sidelined in work upon his return from cancer treatment, as it could have been interpreted as “suggesting” his duties.
Ms Guinness, who appeared instructed by Peter Murphy of McInnes Dunne Murphy, said her client’s position was that after inquiring about taking on a less senior post in Unite’s Dundalk office during his recovery from chemotherapy, Mr Ogle had ruled it out in December 2021. “The premise of it all was that Brendan was stepping away from the senior role; he’d in the public domain about stress ... I was operating on the basis myself and Brendan were having a conversation it was about what would he be doing into the future,” Mr Fitzgerald said.
“I have to put it to you that exactly what Mr Ogle said happened, happened,” Ms Guinness said of this meeting. “The proof of the pudding is in the eating ... we have been provided with a plan which you said you told him nothing about, which was presented in December 2022, and he’s not on it,” counsel said.
“Mr Ogle has told us at all times you were creating this plan. Is he in the plan, Mr Fitzgerald?” counsel asked.“No, for reasons I’ve explained,” Mr Fitzgerald replied.
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