An employment Appeals Tribunal into a claim for unfair dismissal by a journalist was yesterday accused of bias and asked to disqualify itself. According to Dr John O'Mahony SC - counsel for Ms Ann Mooney, who is taking the action against Examiner Publications (Cork) Ltd - the tribunal chairman, Mr Conor Linehan, a barrister, had indicated "objective bias" in his comments.
Dr O'Mahony argued that Mr Linehan had shown bias when he said they needed to get the case finished by 5 p.m. on Wednesday, given that they had already spent three days hearing the preliminary issue of whether Ms Mooney was an Examiner employee.
"The tribunal is tainted by you saying the case has to be heard by five tomorrow evening . . . there is a clear perception of objective bias . . . justice cannot be rushed in the interests of administrative convenience," he said.
Mr Linehan refused Dr O'Mahony's request to disqualify the tribunal. He had simply pointed out the desirability of completing the case within the two days allocated after spending three days hearing the matter.
Mr Linehan made his comments about the need to conclude the case within two days after Dr O'Mahony asked him to make an order for discovery of drafts of a letter of dismissal drawn up by the Examiner for Ms Mooney. Dr O'Mahony said if drafts of this letter - which he said had been referred to at an earlier hearing by Examiner solicitor, Mr Fergus Long - stated that the Examiner was dismissing Ms Mooney, then they went to the root of the issue.
Mr Linehan refused Dr O'Mahony's request. The tribunal did not have the express powers to make such an order for discovery, he said.
Upon Mr Linehan's refusal to grant the order and to state a case on his refusal, Dr O'Mahony applied to have the hearing adjourned pending a High Court application to determine whether the tribunal has the power to make an order for discovery.
Mr Linehan adjourned the case generally.