THE EMPLOYMENT Appeals Tribunal has ruled that a former employee of the Tyrone Guthrie literary centre in Co Monaghan should be reinstated to his position despite saying its chairman “should have been shot”.
In a determination on an unfair dismissal case, the tribunal said Frederick Burns, of Newbliss, Co Monaghan, should return to work at the centre, where he was born, lived, served as caretaker and then grounds manager from 1997.
Mr Burns was dismissed in February, 2009 following a disciplinary hearing into allegations made against him including the use of abusive language and removal of scrap metal from its grounds for personal gain. The tribunal heard that in November 2008, Mr Burns clashed with the centre’s then director, referred to in the tribunal document as PD, when he refused to use a new clocking-in machine at the centre. He told PD that she could “shove your f*****g clocking-in machine, and you can shove it as far as you can”.
At a subsequent meeting, PD issued a verbal warning to Mr Burns for his comments to her, for which he apologised.
She also said the centre’s new chairman, referred to as BG in the document, had insisted certain requirements be complied with, to which Mr Burns replied: “He should never have been let cross the Border, in fact he should have been shot at the Border, and I’ll do it myself. You can tell him that.”
He later apologised for the comment but said he was not warned the meeting would be recorded.
BG told the tribunal he was appalled by Mr Burns’s comments concerning him but did not want it known publicly that he had been threatened and had taken no further action concerning it.
The centre also alleged that Mr Burns removed scrap metal from its grounds for personal gain in January, 2009 while he was on paid sick leave.
Mr Burns said he was removing a number of old cars he owned and that he removed some scrap metal that had accumulated there over the years. He said he had been told by PD to remove “the junk” and he had not stolen it. The metal was worth €35, which Mr Burns offered to reimburse.
The tribunal ruled that a “great emphasis was put on the gravity of the words spoken by the claimant” about BG and that no warning was given to him that the meeting was being recorded. However, it said “PD repeated the threat to other persons and to BG, thus exacerbating the gravity of the comment” and that no consideration was given to the lack of a warning given or the apology issued.
Regarding the scrap metal, the tribunal said it was clear from the evidence that PD had asked the claimant to “get rid of junk”. Mr Burns’s history with the centre and his relationship with Tyrone Guthrie did not seem to have been considered.
