An Employment Appeals Tribunal hearing into an allegation of bullying against St Michael's House has been abandoned after it emerged that a member of the tribunal was related to one of the witnesses.
Tribunal chairwoman Clodagh Gleeson told the hearing yesterday that the "tribunal feels totally compromised" and wasn't in a position to hear the remainder of the case taken by Louise McCormack against her employers, St Michael's House.
St Michael's House provides services to children and adults with an intellectual disability and their families in the Dublin area.
Ms Gleeson refused a request by Dr Bob McCormack, representing his wife Louise, to disclose the name of the witness and the tribunal member concerned. However, it is known that the witness was being called by St Michael's House.
The tribunal had heard last June that Ms McCormack was claiming she was subject to escalating bullying which forced her to resign her role as a manager of Northbrook Industries, Santry, Dublin, a sheltered workplace governed by St Michael's House.
The hearing was adjourned and representatives of St Michael's House were expected to give evidence this Thursday. However, last Thursday both parties were contacted by the tribunal and asked to attend a special sitting yesterday.
Ms Gleeson initially told the parties yesterday that one of the tribunal members was "very well acquainted" with a witness.
Dr McCormack asked who this witness was and how the tribunal member had not been aware at the earlier sittings that one of the witnesses was a close friend.
Ms Gleeson replied: "it is not a close friend it is an acquaintance". When asked the person's identity again by Dr McCormack, Ms Gleeson said: "it is a relative of one of the members".
The identity of either person was "not relevant" to the proceedings she said, but in light of the relationship, the tribunal had decided the it could not proceed and that a new tribunal must be empanelled and a "fresh hearing" conducted into the case.
Dr McCormack said he objected to the manner in which the matter had been handled, particularly that he had not been informed until yesterday morning why he and the claimant were being called to the tribunal.
"My concern is that it has been known since March that a member of this tribunal is related to a witness."
Ms Gleeson replied that the matter had come to light during the summer.
"There is a lack of good faith here, St Michael's House knew all along about this witness, while we have to go through all this, taking days off work to come here to find out," Dr McCormack said.
Solicitor Rhona Murphy of Ibec, representing St Michael's House, said she had not been told of the matter last Thursday.
Pointing to the tribunal bench, Dr McCormack said: "but someone sat up there all this time and said nothing".
The new hearing is likely to be deferred until the new year.
