subpoena
Exclusive: Graham fails to testify in Ogle discrimination case – subpoena to follow
Failure to obey a tribunal summons is a prosecutable offence under Irish law
Unite general secretary Sharon Graham has failed to respond to a court request to give evidence in Brendan Ogle’s discrimination case against the union she leads – and now faces a subpoena, or legal summons, to compel her to attend, for which she could be prosecuted if she fails to comply.
Skwawkbox has covered the discrimination case extensively – Ogle is also suing Unite, Graham and her sidekick Tony Woodhouse over defamatory comments made about him by Graham and Woodhouse in an apparent attempt to discredit Ogle and his discrimination case.
Despite attempts by Unite’s hugely expensive legal team, in an apparent demonstration of their eagerness to keep Graham from having to give sworn testimony, to argue that she was not relevant to the case because she is the UK general secretary and other witnesses would do instead, Workplace Relations Commission (WRC) Adjudicator Elizabeth Spelman has responded to Graham’s failure to respond by inviting Ogle and his lawyers to apply for a binding subpoena to compel Graham to attend and give evidence under oath – which Ogle’s barrister Mary-Paula Guinness has already confirmed in an earlier hearing that she will do.
Ogle’s legal team has until 22 April to file its application and Unite’s lawyers have another week to respond and a hearing of the arguments will take place 7 May.
The Unite argument that she is not relevant falls apart under scrutiny, as she has featured heavily in others’ testimony during the case so far, including her allegedly telling Irish officials to inform Ogle that there was no place for him. Unite barrister Mark Harty has also said that Graham may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned.
Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.
In last week’s sessions of the hearing, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of the aggressive Harty, whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister.
John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty.
Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland 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. She did, however, briefly speak at Unite’s Irish policy conference this week, although she did not attend the union dinner with delegates.
Skwawkbox wrote to Unite to ask for comment on the issue:
Ms Graham failed to attend the Brendan Ogle hearing in Dublin by last Friday’s deadline, despite being asked to attend and testify. The Workplace Relations Commission has now invited Ogle and his lawyers to apply for a subpoena.
Please advise, no later than 5pm:
- Why didn’t she attend to give evidence?
- Does she and Unite intend to contest the subpoena request?
- If a subpoena is issued, non-compliance is a criminal offence under Irish law. Will she comply?
At the time of writing, almost six hours after the reply deadline, Unite had not provided any response. Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘, with with penalties including prison sentences and large fines.
Sharon Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.
She has also been alleged by insiders to have:
- banned Unite officials and national banners from pro-Gaza protests
- banned and smeared films and books exposing the ‘Labour antisemitism’ scam
- placed an official under investigation who refused to cancel a Palestine solidarity fringe event at Labour’s 2023 annual conference
- told her chief of staff to threaten a soon-to-retire official with the loss of a pension bonus if he did not soften his support for Palestinians
Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive last month.
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Exclusive: Graham to be subpoena’d to testify in Ogle tribunal if she declines to appear
Latest news from today’s session of discrimination case brought by Irish trade unionist against Unite and Sharon Graham as witnesses again ‘rattle’ union barrister – and former GS Len McCluskey will be called again
Unite general secretary Sharon Graham will be legally summonsed to appear in Dublin at the Workplace Relations Commission (WRC) discrimination case brought by Irish trade unionist Brendan Ogle against Graham and Unite, if she does not accept an invitation from Ogle’s lawyers. The news was confirmed after an attempt by Unite’s highly-paid barrister Mark Harty, to claim that Graham was not relevant to the case because she is the UK general secretary, was rejected by Adjudicator Elizabeth Spelman after Ogle’s lawyers pointed out that Ireland is a Unite region and Graham has overall responsibility, as well as allegedly telling Irish officials to inform Ogle that there was no place for him.
Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.
The question of whether a subpoena would be issued to compel Graham to attend was left open at the end of the last three-day session of the case. Harty tried to claim Graham was not relevant to the case and may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned. Graham and her alleged words about getting rid of Ogle have featured prominently in the case so far.
In other news from the tribunal, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of Harty, whom attendees described as becoming extremely aggressive.
John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty – whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister Mary-Paula Guinness.
Tomorrow’s session of the hearing was postponed after Unite’s lawyers called pro-Graham union employee Therese Maloney in an attempt to rebut former general secretary Len McCluskey’s testimony that he had assured Ogle his job would be kept open. Adjudicator Spelman ruled that McCluskey must be on hand for re-examination before Maloney can testify.
Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland 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.
Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.
She has also been alleged by insiders to have:
- banned Unite officials and national banners from pro-Gaza protests
- banned and smeared films and books exposing the ‘Labour antisemitism’ scam
- placed an official under investigation who refused to cancel a Palestine solidarity fringe event at Labour’s 2023 annual conference
- told her chief of staff to threaten a soon-to-retire official with the loss of a pension bonus if he did not soften his support for Palestinians
Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive earlier this month.
Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘.
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Ogle v Unite: ‘no decision today’ on whether to subpoena Sharon Graham to appear in Dublin
Legal team reserving issue pending analysis of transcripts so far – general secretary could face prosecution for failing to comply if summonsed
Leading Irish union figure Brendan Ogle’s legal team will not make a decision today on whether to subpoena Unite general secretary Sharon Graham to appear at the next phase of Ogle’s discrimination case against the union in Dublin, which is expected to take place in early April.
Yesterday saw a heated argument in the Workplace Relations Commission hearing room about whether Graham will be required to testify in the case. Ogle’s lawyers insisted that she must be legally summonsed to attend if Unite’s legal team does not call her as a witness. Unite’s barrister Mark Harty insisted furiously, and it must be said rather bizarrely, that Graham 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. Graham and her alleged words about getting rid of Ogle – who supported her rival Howard Beckett during the 2021 general secretary election – have featured prominently in the case so far.
If a subpoena is eventually requested and issued, the summons is enforceable and failure to appear and give evidence under a subpoena is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘.
Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland 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.
After Unite’s legal team said they will not be calling Graham to testify, Workplace Relations Commission Adjudicator Elizabeth Spelman told both legal teams that before a subpoena can be requested, Ogle’s lawyers should write to Graham and ask her to appear, then apply for a subpoena if/when she refuses.
Skwawkbox is in Dublin to cover the case directly. If you would like to help cover the costs of the trip and can do so without hardship, please select from the options below.
SKWAWKBOX needs your help. The site is provided free of charge but depends on the support of its readers to be viable. If you’d like to help it keep revealing the news as it is and not what the Establishment wants you to hear – and can afford to without hardship – please click here to arrange a one-off or modest monthly donation via PayPal or here to set up a monthly donation via GoCardless (SKWAWKBOX will contact you to confirm the GoCardless amount). Thanks for your solidarity so SKWAWKBOX can keep doing its job.
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‘Sharon Graham told him to tell me there was no place for me in the future of Unite’
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.
Skwawkbox is in Dublin to cover Ogle vs Unite. If you would like to help cover the costs of the coverage, see options below.
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Skwawkbox is in Dublin to cover Ogle vs Unite discrimination tribunal
Irish union legend claiming discrimination by Graham-run union after return from cancer treatment. Skwawkbox will report from Irish Workplace Relations Commission
From Tuesday, the Workplace Relations Commission (WRC) in Dublin will hear the discrimination case brought by Irish union legend Brendan Ogle against Sharon Graham’s Unite, for abuse Ogle – who supported Howard Beckett during the 2021 Unite general secretary election – says he suffered at the hands of the union management after his return from a successful battle against life-threatening cancer.
Ogle, who is also separately suing Graham, her ally Tony Woodhouse and the union for defamation, has alleged that he was abused by the union after his return from treatment for cancer – and after he made ‘protected disclosures’ to the union about its failures to adhere to covid protocols during the pandemic.
Graham and her representatives have been accused of ‘disgusting’ behaviour toward Ogle – and anger in Ireland at the situation became so great that an entire sector branch threatened to disaffiliate entirely from Unite, the well-known ‘Right2Water’ campaign said it will no longer work with Unite, Unite’s Community section in Ireland condemned the ‘injustice inflicted’ on him and members picketed general secretary Sharon Graham’s long-delayed visit to Dublin.
Skwawkbox is in Dublin to cover the proceedings, including Tuesday’s session where Graham’s predecessor as general secretary, Jeremy Corbyn ally Len McCluskey, is expected to take the stand to testify. Graham herself has been subpoenaed by Ogle’s legal team to give evidence, despite allegedly trying to get out of appearing.
Graham is using one of the world’s most profitable law firms to defend the defamation suit – and also, as Skwawkbox revealed, in the tribunal case. Her tenure as Unite boss has been marked by a string of other allegations – which neither she nor the union has denied – including alleged destruction of evidence against her husband in misogyny and bullying complaints. She is currently being sued, along with an ally and the union, by Irish union legend Brendan Ogle for defamation.
She has been exposed using proxies to order the cancellation of showings of the film ‘Oh Jeremy Corbyn/The Big Lie’, which exposes the political abuse of antisemitism accusations against left-wingers in the Labour party, and discussion of Asa Winstanley’s forensic book Weaponising Antisemitism: How the Israel Lobby Brought Down Jeremy Corbyn. Proxies were similarly despatched to try, unsuccessfully, to cancel a Unite ‘fringe’ event at Labour’s conference earlier this month in support of Palestinians.
Ogle’s barrister told the Workplace Relations Commission adjudicator last November that she expected the union would be required to ‘produce’ Sharon Graham to testify, along with a string of current and former senior Unite officials and employees.
If you would like to help cover Skwawkbox’s costs of attending this week’s session, which is expected to be the first of two or three at the WRC before the case is adjudicated, please click here to arrange a one-off or modest monthly donation via PayPal or here to set up a monthly donation via GoCardless (SKWAWKBOX will contact you to confirm the GoCardless amount). Thank you for your solidarity so SKWAWKBOX can keep doing its job.