Ex-TEAM employee claims victimisation

Former TEAM Air Lingus shop steward Mr Denis Smyth told a court the company set out, following restructuring in 1994, to subdue…

Former TEAM Air Lingus shop steward Mr Denis Smyth told a court the company set out, following restructuring in 1994, to subdue trade union activities and target him for dismissal.

Mr Smyth, a former aircraft maintenance engineer, told Judge Liam Devally in the Circuit Civil Court that, although he had an excellent disciplinary record, he became the subject of premeditated victimisation from management.

Mr Smyth, of Melrose Avenue, Fairview, Dublin, denied he had set out to become "ungovernable and unmanageable." He said he had a constitutional right to engage in trade union activity and that had been targeted by management for exercising those rights.

He denied company claims that he had maintained a "sullen, resentful and unco-operative attitude" towards management.

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His counsel, Mr James Doherty, submitted that TEAM Aer Lingus had decided to embark on disciplinary action and that his client and other union activists were particular targets.

TEAM Aer Lingus has appealed to the Circuit Court against a decision of the Employment Appeals Tribunal which held that Mr Smyth had been unfairly dismissed and directed he be reinstated in his job.

Judge Devally was told that during 1994 TEAM Aer Lingus had severe financial difficulties and had been unable to maintain contracts. Mr Tom Mallon, counsel for the company, said the situation had been retrieved after a layoff of staff and following the appointment of an Examiner. Staff had returned to work in a deal whereby all parties had agreed to comply with procedures and agreements.

One of the biggest problems facing the company had been the holding of mass meetings and the downing of tools in company time.

Judge Devally reserved judgment.