Day 174 - 17 Oct 95 - Page 40
1 and arrange a meeting?
2 A. I cannot recall what I instructed Mr. Trimble to do.
3 I think it is apparent that I instructed Mr. Gallagher, the
4 personnel manager, to respond to communication.
5
6 Q. That was to a communication from the Rights Commissioner?
7 A. Yes, that is correct.
8
9 Q. Because Mr. McCann had already taken his case to the Rights
10 Commissioner by that stage?
11 A. Yes, it would appear so, yes, that is correct.
12
13 MR. JUSTICE BELL: Mr. Gallagher is the Company's personnel
14 manager?
15 A. Yes, that is correct.
16
17 MS. STEEL: Is it fair to say that the position, again, was that
18 you were trying to ignore the situation, ignore the union,
19 hoped that it would go away, but, basically, you could not
20 do that when it was taken to a Labour Court or Rights
21 Commissioner body?
22 A. No, it is not right to say that I ignored the
23 situation. The manager ignored the initial communication,
24 because he did not refer it to me or to his superior. When
25 the second communication was received, which it looks like
26 it is dated 26th July, and the request to the Rights
27 Commissioner is dated 29th July, whether they arrived at
28 the same time or not, I do not know.
29
30 Q. Did you take any disciplinary action against Mr. Trimble
31 for ignoring the letters or not bringing it to your
32 attention, or anything like that?
33 A. Yes, I am sure he would have received a warning in
34 relation to the matter.
35
36 Q. Is that something you would keep in your records?
37 A. It would be kept in his employment record; it would be
38 form part of his employment file.
39
40 Q. Did anybody from the Company attend the hearing in front of
41 the Rights Commissioner to explain what had happened?
42 A. I cannot recall who would have, but it is a possibility
43 that somebody would have attended, possibly Mr. Gallagher.
44 But if memory serves me correct, it would have been the FUE
45 who would have represented the Company at the hearing --
46 Federated Union of Employers.
47
48 Q. You did not attend; I think you said that you did not
49 attend the hearing?
50 A. No, no recollection of attending.
51
52 MR. MORRIS: You said that your key witness for the hearing was
53 unable to attend?
54 A. Yes.
55
56 Q. Why could you not attend?
57 A. Because I was not -- had not been dealing with it.
58
59 Q. You would not have been able to give any evidence?
60 A. No. He was the manager of the restaurant; they were
