A former TEAM Aer Lingus shop steward's attitude to management has been described by a judge as "abusive, dismissive, derisory and threatening." Judge Liam Devally yesterday overturned a decision of the Employment Appeals Tribunal that aircraft components engineer Mr Denis Smyth had been unfairly dismissed and should be rein stated.
Following a three-day hearing in Dublin Circuit Civil Court, Judge Devally said that he also found Mr Smyth "disruptive, unmanageable and ungovernable" in a line management structure.
"I find that pay deduction for unauthorised absence, his suspension and dismissal were properly effected," he said.
Earlier Mr Pat Hanratty SC and Mr Tom Mallon, for the company, had told the court that Mr Smyth, of Melrose Avenue, Fairview, Dublin, had been sacked because of his "sullen, resentful and uncooperative" attitude to management.
Judge Devally was told that in 1994 TEAM Aer Lingus had almost gone under at a time of serious industrial unrest. There had been a general lay-off of staff when the company had suffered severe financial difficulties and had been unable to maintain contracts.
The situation had been retrieved following the appointment of an examiner. After intensive negotiations both company and staff had agreed to leave past experiences of disruptive mass meetings in company time behind them and to move forward.
Mr Hanratty told the court that in an attempt to build the company into a viable entity and a major player again in the world air maintenance market, staff had returned to work at the beginning of 1995 in a deal whereby all parties had agreed to comply with procedures and agreements.
Judge Devally said a "Way Forward" document ruled out the holding of mass meetings during working hours and "walkabout absenteeism", a practice of employees absenting themselves at will for the purpose of going to the bank, the dentist or doctor, or dealing with other personal routine affairs without permission.
It had become difficult to cost work properly. International airlines which sent aircraft to Team Aer Lingus on maintenance contracts sometimes sent observation teams of 10 people. Their observation of walkabout absenteeism and mass meetings of workers had been a threat to the company's share of an already overcrowded and fiercely competitive maintenance market.
In March 1996, without authorisation, 73 employees, including Mr Smyth, had attended a "mass" meeting.
All but Mr Smyth had talks under the scheme for resolution of difficulties. All but Mr Smyth accepted a disciplinary procedure under new policies and procedures.
His attitude had been truculent and dismissive and he had used foul language in addressing line managers. He had been sometimes up to half an hour late for work and ignored line managers in a studied fashion when reproved.
He sometimes read the paper instead of doing his work and had commented about "wimpish management" and his being able to "do more damage outside the company".
During the hearing Mr Smyth had claimed TEAM Aer Lingus had adopted a policy of subduing trade union activity. He also claimed he had been the subject of premeditated victimisation from management and had been targeted for dismissal.
Mr Smyth said afterwards that he intended appealing to the High Court. He is hoping to raise funds from friends and fellow trade unionists.