The National Council for the Blind in Ireland was erroneously concerned a senior employee had stolen money “or committed some form of fraud” when he went out sick in 2013, the Employment Appeals Tribunal has been told.
There was no such fraud or missing funds and Barry Magee of Kilcullen, Co Kildare, produced doctor’s certificates for all of the time he was ill, his counsel Stephen O’Sullivan told the tribunal.
The tribunal heard Mr Magee was employed by NCBI Retail in December 2006 and was appointed general manager of the retail division in January 2009 earning a salary of €75,000 plus bonus. In his last full year this amounted to €82,500.
Mr Magee told the tribunal his difficulties with the organisation began in 2011 when the NCBI decided to rebrand its “Mrs Quinn’s Charity Shops” to NCBI Retail.
He said he clashed with the then chief executive Des Kenny and the board over “spending thousands” on The Communications Clinic, which provided Terry Prone to advise on the rebrand, at a time when he said there was a serious recession and funding for the organisation was being cut. He said he inquired about the contract for the communications clinic and concluded it had not been put out to tender.
Mr Magee told the tribunal that in 2012 he was told the NCBI board had decided to restructure the organisation into three branches, that of “services, retail and foundation”.
He said he was told his “position was safe”.
Became ill
However in March 2013, he became ill and returned in October that year. However he said he had been “actually quite shocked and horrified” to receive a series of emails and notifications that his position was being made redundant.
He said he had not accepted an offer of a new position managing a textile recycling operation which the NCBI was then involved in developing, at a salary of €55,000 per year.
He said on returning to work in October he was asked to work from his home but was notified that the position of general manager of retail was no longer available. He said he was not offered any similar position and his salary was stopped in early December. Mr Magee said he subsequently found out the organisation had contacted AIB Bank to ascertain if any money was missing when he was ill and while it was not, even rumours of such a thing was seriously damaging to his reputation.
Mr O’Sullivan said in documents revealed by the NCBI in preparation for the case before the EAT, Mr Magee had learned the board of the organisation had been erroneously concerned that because Mr Magee was not turning up for work, that “some serious fraud” had taken place.
In response, counsel for the NCBI said it would be the organisation’s evidence that Mr Magee had accepted termination of the general manager’s position, and taken up a new position with the organisation, but had effectively gone missing, refusing to communicate with the organisation.
The case continues.
