Tribunal told 'fatal flaw' in procedures led to dismissal

There was a "fatal flaw in the fairness of the procedures" which led to the secretary general of the Irish Dental Association (IDA) being dismissed last year, the Employment Appeals Tribunal has heard.

Aidan Redmond BL, representing former secretary general Donal Atkins, said an investigating committee established by the IDA to look into a number of matters relating to his client "had already made up their mind" that he would be dismissed before it concluded its work.

Mr Atkins was sacked after 26 years as secretary general of the association in December.

The IDA executive council said at the time this was because he had given himself an "unsanctioned pay rise".

The tribunal was told yesterday that Mr Atkins's salary increased from €119,000 to €139,000 per annum between 2003 and 2004.

In evidence yesterday, Dr Roger Grufferty, former honorary secretary of the association, said he first became aware of concerns about Mr Atkins's salary at a meeting with the treasurer, Paul O'Reilly, in Dublin airport in November 2004.

"Paul said there was a possible problem. He said he gave guidance to Donal to increase salaries by 5 per cent and it had come to his attention he gave himself an increase in excess of it. He mentioned 10 per cent. I was taken aback by it. We said we'd appoint a committee to look at it."

However, he said it was then decided to "park" the issue until the annual meeting early in 2005. In the meantime he wrote to Mr Atkins telling him that though he was responsible for staff salaries the association directors were responsible for his remuneration.

Dr Grufferty then described a meeting of the IDA directors held in a hotel room in Killarney. "The people at the meeting were conscious of the age of Donal." He estimated Mr Atkins's age at the time as 62 or 63.

"We finished up deciding Donal had been with us a long time and operating fine. We decided we should sit down and have a chat with him about his future, his exit strategy if you like." He said it was a "very pleasant" meeting.

The tribunal also heard about legal proceedings being taken against the IDA by website Irishhealth.com for the alleged use by the association of articles from the website without crediting it. The website is seeking €28,000 in damages.

Dr Grufferty said Mr Atkins had failed to tell the executive council the proceedings were under way.

The hearing has been adjourned to November 16th.