Irish union legend who supported rival in general secretary election tells tribunal he was sidelined on return from cancer battle and never had a positive day at work since he returned – and that he was told that union’s general secretary ‘recognises loyalty’ from those who supported her in election

Irish union legend Brendan Ogle, his wife Mandy la Combre (in beret) and supporters leaving the Workplace Relations Committee today

Today saw an explosive – and often fiery – day in Irish union legend Brendan Ogle’s case against Unite at the Workplace Relations Commission (WRC) in Dublin.

Ogle, who supported Graham’s rival Howard Beckett for general secretary, and is claiming that the union discriminated against him by sidelining him from his role as senior officer after his return from a battle against life-threatening neck cancer, told the WRC adjudicator that he was ‘reeling’ when he returned and found that his job – which he had been promised would be held for him to return to if he beat the disease – had disappeared and that Unite was trying to move him into a makeweight job that required only three days work a month.

And in the day’s most explosive testimony, he told the court that he had been called to a meeting with Tom Fitzgerald, another senior Irish Unite figure, only to be told that there was no place for him in the union’s future and that:

he’d been told by Sharon Graham to draw up a strategic plan for the Republic of Ireland and I was not to be in it.

Ogle added that the union’s then-assistant general secretary Gail Cartmail had told him that Graham is:

very loyal to [Irish] regional officers who had supported her but many hadn’t… Sharon operates on the basis of loyalty.

This comment raised the obvious question of what Ms Graham does with those who did not support her and how this bears on the treatment Ogle said he was subjected to by the union management.

Unite’s barrister Mark Harty – whose wife Karyn is part of the team from Dentons, one of the world’s most expensive law firms, hired by Graham to represent Unite in this tribunal and in Ogle’s defamation lawsuit against her, Unite and her ally Tony Woodhouse – insisted that Fitzgerald, who still works for the union, would testify he had not said what Ogle reported. However, the authenticity of Ogle’s submission of a photo of a whiteboard layout said to have been sketched by Fitzgerald to show how the union would organise after his departure does not appear to be contested by Unite.

Ogle spoke harrowingly of his fight against cancer and its effects on him and went on to say that after his return – expecting to come back to a job held open for him on the promise of Graham’s predecessor Len McCluskey – that he had not had a single positive day at work. He also described how he applied for a regional secretary job as a means of resolving the issue, only to find on his arrival for interview in London that the interview panel was being chaired by Woodhouse, one of the figures who he says defamed him during a talk at Unite’s biennial Irish conference.

Barrister Harty’s aggressive approach and frequent interruptions of Ogle’s attempts to answer led to numerous confrontations with Ogle’s legal team and a fiery sidebar meeting in a separate room marked by shouting and a walk-out by Ogle’s lawyer saying she would not be talked to in that way. Harty had tried to question Ogle about claims that do not form part of the current case and, when challenged about relevance, had insisted that these questions were ‘central’ to Unite’s case. The dispute led to the sidebar meeting – and on the return of the lawyers and adjudicator, he told Ogle,

Mr Ogle, we’re just going to move on

before asking questions on another topic.

Harty also at one point – appearing to think this was some kind of trump card – demanded to know why Ogle had not told his wife Mandy la Combre to remove social media posts criticising Unite’s treatment of him. The exchange prompted one observer later to observe,

He was basically asking him, ‘Why didn’t you control your wife?’

Harty also appeared to imply that Unite was doing Ogle a favour by moving him to a less senior role in Dundalk after an occupational health report said Ogle was fit to return to his ‘senior officer’ role, because Ogle’s doctor had warned stress might be bad for his health. Ogle responded that the occupational health report was specific to him working in Dublin. Ogle lives in Dublin, but travelling to work in Dundalk involves a daily 100-mile round-trip.

Ogle also told the court that Unite Ireland’s lawyer had told him that the Dundalk role of ‘education and legal’ involved only a day or two’s work – and added that the education part of the role needed only a day’s work because union education in Ireland is not funded by employers in the way it is in the UK, leaving him effectively sent fifty miles away for just three days’ work a month. Unite’s barrister tried to have this evidence ruled out as hearsay.

Ogle told the tribunal that he had consistently refused to sign any agreement sidelining him to Dundalk, but that the union ‘had acted as if I had signed it’.

The day also featured a heated argument about whether Graham will be subpoena’d to testify in the case, with Ogle’s lawyers insisting that she must be legally required to attend if Unite’s legal team does not call her as a witness. Harty insisted furiously and bizarrely that she is not relevant to the case and may not be ‘amenable’ to subpoena, as if such a legal summons is a matter of whether one feels like being summoned.

Sharon Graham has been heavily criticised among union members and activists in the union – and by more than one Irish politician – for Unite’s treatment of Ogle, one of and perhaps the highest-profile and effective union figures in Ireland. The situation caused such outrage that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate.

Ogle’s testimony and cross-examination continue tomorrow.

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