TEAM Aer Lingus has strongly denied claims at the Employment Appeals Tribunal that its dismissal of a senior shop steward was intended to be exemplary and suppress trade union rights.
The company is contesting a claim by Mr Denis Smyth and his union, the Technical Engineering and Electrical Union, that he was unfairly dismissed in May 1995. Mr Smyth is seeking reinstatement and compensation for loss of earnings.
Evidence was closely contested by both sides at the opening hearing yesterday. At one stage the chairman, Mr Dermot McCarthy SC, asked both sides to adjourn to see if there was "any possibility" of resolving differences.
He said the dispute over restructuring in 1994 had "cast a shadow" over industrial relations at the company. In the light of Mr Smyth's 25 years of service - and "whatever the rights and wrongs of it" - he asked if "now there could be compromise". It took them 10 minutes to conclude there was none.
The tribunal heard that Mr Smyth had attended a union meeting during working hours on March 23rd, 1995, after being informed the meeting had not been authorised by TEAM Aer Lingus. He was docked two hours' wages and told to produce a written explanation as part of a disciplinary procedure.
Seventy two other employees who left work to attend the meeting had complied with the procedures and been subjected to various penalties, ranging from verbal warnings to suspensions. All of those suspended were shop stewards, except for one employee who was a worker director.
The general manager (personnel), Mr John Mooney, told the tribunal that TEAM Aer Lingus had come through a crisis in 1994 which had almost led to the closure of the company. Since then it had made significant progress on the business front and in terms of restructuring its industrial relations, but it had a lot more ground to make up before it became profitable.
A dispute in early 1995 led the craft group of unions in the company to call a mass meeting during working hours on March 23rd. The company responded with notices warning employees that anyone who left work to attend would be in breach of new procedures. Local managers also warned employees verbally that they would face disciplinary procedures if they went to the meeting.
Mr Mooney rejected suggestions from Mr Smyth's counsel, Mr Callinan, that the company had a policy of undermining the unions. He said that TEAM Aer Lingus had always been a highly unionised company and continued to be so.
But an independent team of aviation assessors operating under the former president of the Irish Congress of Trade Unions, Mr Phil Flynn, had criticised the company for failing to manage the company, Mr Mooney said. It had also criticised the unions for withdrawing their consent to be managed.
The company had put in place new structures to keep both unions and employees informed and involved in new developments. But he accepted this meant a reduction in the role of shop stewards.
An operations manager with TEAM Aer Lingus, Mr John Murphy, said he had known Mr Smyth for 25 years. He had been an above average and committed member of the workforce. However, since becoming virtually a full time shop steward he had changed. Mr Murphy had decided to support Mr Smyth's dismissals last year because "basically he was unmanageable".