Challenge to coursing club dismissal

An accountant with a national sporting body was dismissed because of alleged “misappropriation of funds” and “falsification of accounts,” the Employment Appeals Tribunal has been told.

Edmund O’Brien, of Newmarket, Co Cork, has taken a case against the Irish Coursing Club in relation to his dismissal in Jan 2010.

Mr O’Brien is disputing the entire “form and substance” of his dismissal, his solicitor Frank Lynam said after a legal submission from the Irish Coursing Club, which wants the appeal to be dismissed on the basis that it was lodged beyond the six-month time limit for such cases.

The club’s solicitor, David Gaffney, told the tribunal at a sitting in Clonmel that Mr O’Brien was dismissed on Jan 8, 2010, after an investigation and a disciplinary hearing into alleged “gross misconduct”.

He had been suspended on Sept 21, 2009, Mr Gaffney said, pending the investigation “into a certain irregularity” and received a letter from club CEO DJ Histon to that effect.

The two allegations against Mr O’Brien were that he falsified accounts of the coursing club and its newspaper, the Sporting Press, by failing to keep proper account books; and that he misappropriated funds in relation to motor expense claims between 2002 and 2007.

A disciplinary committee voted 2-1 to dismiss him on Jan 8, 2010, Mr Gaffney said. The committee did not accept reasons given by Mr O’Brien to the hearing, that he acted “in consultation” with the former chief executive and secretary of the club, Jerry Desmond (since deceased), and that he “inherited” the situation.

An appeal committee voted unanimously the following June to uphold the dismissal decision, according to Mr Gaffney, when they did not accept that Mr O’Brien had acted “either at the direction of Mr Desmond or in consultation with him”.

The appeal committee also found he was “not entitled” to misrepresent travel expenses.

Mr O’Brien had six months to take a case to the Employment Appeals Tribunal, his solicitor said, and this period began when he was dismissed on Jan 8.

The claim was not made to the EAT until Nov 9, however, which was four months after the time limit.

“The claim should be dismissed,” Mr Gaffney said yesterday.

Mr O’Brien’s solicitor, Frank Lynam, was given time to respond to this submission and the tribunal was adjourned until Nov 21.